State v. Barnum
14 S.W.3d 587 · 2000
Facts
Fourteen-year-old Candis West snuck out to visit her boyfriend, Brandon Srader, but found his sister, Norma Barnum (Appellant), and others at his home. Candis discovered Brandon was involved with Jessica, leading Jessica, Christina, and Heather to plan an assault on Candis. The group, including Appellant, drove Candis to a low-water bridge in Pettis County, Missouri. There, Christina, Jessica, and Heather brutally attacked Candis for an hour, dragging her, attempting to burn her hair, forcing her to remove her clothes, spanking her, and throwing her into the water. Appellant watched, laughed, and yelled, "let's kill her, kill her ... run her over with the van." The group then left Candis naked and beaten in the water. Candis eventually stopped a passing car, received help, and reported the attack, leading to Appellant's arrest. Candis suffered severe injuries, including a crushed eye bone, broken nose, and two broken ribs, requiring reconstructive surgery and causing ongoing vision problems and headaches.
Issue
Was the evidence sufficient to support Appellant's conviction for first-degree assault under an accomplice liability theory? Did the prosecutor's statements during voir dire regarding the defendant's right not to testify constitute plain error? Did the victim impact testimony presented by Candis result in plain error?
Holding
The court affirmed the conviction for assault in the first degree. The evidence was sufficient to support the conviction, and no plain error occurred regarding the voir dire statements or the victim impact testimony.
Rule
A person is criminally responsible as an accomplice if, before or during an offense, with the purpose of promoting its commission, they aid or agree to aid in its planning or execution. While mere presence at a crime scene or refusal to interfere is insufficient, "aiding and abetting" encompasses encouragement, which can include words, gestures, looks, or signs that countenance or approve criminal action. Factors indicating accomplice liability include associating with perpetrators, acting as a show of force, attempting flight, or failing to assist the victim or seek medical help.
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