[Download] "State Missouri v. Anthony Arellano" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Anthony Arellano
• Author : Western District Court of Appeals of Missouri
• Release Date : January 07, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

DON W. KENNEDY, Presiding Judge Defendant appeals from jury trial convictions of first-degree assault upon one Steven Earls, § 565.050, RSMo Supp. 1984, with a sentence of seven years' imprisonment; second-degree assault upon one Jeannie Bennett, § 565.060, RSMo Supp. 1984, with a sentence of seven years' imprisonment; and with two counts of armed criminal action, § 571.015, RSMo 1978, with three-year and ten-year prison sentences based respectively upon the Earls assault and the Jeannie Bennett assault. The sentences were to run consecutively. The incident took place adjoining a public park in Kansas City on May 7, 1986. A number of children and adults had gathered at the park in the late afternoon for three little-league All-star baseball games. Defendant, who had a son participating in one of the baseball games, left the games briefly and drove to a nearby place for refreshments. As he drove by the place where Steven Earls was standing with some other men, there was some hostile exchange between himself and Earls. On his return, he parked his car on the street near where Earls was standing with the others. There was bad blood between defendant and Earls. They had previously to this day had two fistfights. Earls approached defendant's car. Earls testified at the trial that defendant had motioned him to come to the car and that he was responding thereto. Defendant testified to the contrary that Earls approached on his own initiative. Defendant stepped out of his car with a .357 Magnum in his hand. He fired the gun. Earls turned to run. He tripped and fell down. He got up and fled at a high rate of speed. Defendant ran after him, firing the gun. Defendant testified that he fired a total of three shots, but one witness testified that he counted six shots. Earls was not hit, but one of the shots struck a young girl by the name of Jeannie Bennett who was playing in the park, inflicting a serious wound. Earls outdistanced the defendant, and defendant returned to his car.

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