State of Missouri v. Joseph Whitfield
939 S.W.2d 361 (Mo.banc 1997)
The evidence at trial, State v.
Storey, 901 S.W.2d 886, 891 (Mo. banc 1995), reveals the
following:
Case
Facts: On January 20, 1988, Ronald Chester, a paraplegic,
picked up Maria Evans in his modified Lincoln to help him run
some errands. Chester’s wheelchair was in the front passenger
seat, and Evans sat in back. Alter completing the errands,
Chester drove to the area of Sarah and Hodiamont streets in St.
Louis, where he spoke with Joseph Whitfield.
Whitfield was accompanied by a young girl whom he identified as
his daughter. An unidentified woman approached Chester’s car,
claimed to be the young girl’s mother, and asked Chester to take
Whitfield and the girl home. When Chester agreed to do so,
Whitfield and the young girl climbed into the rear seat of
Chester’s car with Evans. Whitfield was seated in the left rear
behind the driver’s seat, the young girl in the center rear, and
Evans on the right.
At Whitfield’s request, Chester agreed to stop at a liquor store
and then to take Whitfield to St. Ferdinand Street. When they
arrived at St. Ferdinand Street, Whitfield exited Chester’s car
quickly, leaving the young girl behind. Chester, wanting to
leave but not knowing what to do with the young girl, waited for
thirty to forty minutes for Whitfield to return. When he did
not, Chester returned to the area of Sarah and Hodiamont to look
for the woman who had claimed to be the young girl’s mother.
Unable to find her, he returned to St. Ferdinand, all the while
carrying Evans and the young girl in his back seat.
Upon returning to St. Ferdinand, Chester parked in the same spot
where he had left Whitfield. After a few minutes, Whitfield
returned to the car, asked where Chester had been, and said that
he would be just a few more minutes. When Whitfield exited the
car this time, Evans asked him to take the young girl, but he
refused. He then walked along the street to a car parked on the
opposite side from, and one or two car lengths behind, Chester’s
car. Charles Porter and his girlfriend Linda Scott were in this
car. At trial Scott testified that they were in the neighborhood
to have Varney Bolden, a friend of Porter’s, babysit Porter’s
and Scott’s children. Porter was a friend of Whitfield's, and
Scott was acquainted with Whitfield.
Whitfield tried to obtain heroin from Porter and Scott, but
Porter refused to give him any because Whitfield had no money.
Porter then gave Whitfield a loaded .38 caliber pistol and said
something, unclear from the testimony, about “the guy in the car
across the street,” namely Chester.
Whitfield left Porter’s car and returned to Chester’s car,
reentering the back seat directly behind Chester. Evans was
still in the rear passenger side seat, and the young girl in the
center. Whitfield then struck Chester in the back of the head
with the gun and struck Evans in the forehead with the gun.
About the same time, Bolden walked up to Chester’s car and urged
Whitfield to shoot the two adults. Whitfield complied, shooting
Chester twice in the head, causing Chester to slump across the
steering wheel, and in turn causing the car to roll across the
street and across the opposite curb. Whitfield then Turned
toward Evans, but Evans grabbed the young girl and used her as a
shield. Instead of shooting, Whitfield exited the car, pulling
the young girl with him. From the passenger side, he then fired
back into the car, at some point hitting Evans in the hand.
Evans, hurt but alive, played dead, and Whit-
field, Bolden, and the young girl fled.
Officer Jerry Leyshock heard a report of the shooting on his
police radio and, having been previously acquainted with
Whitfield, suspected he might be involved. He went to Barnes
Hospital to speak with Evans, from whom he learned that the
shooter and the young girl were named “Joe” and “Jodie.”
Bolstered by this information, Officer Leyshock and several
other officers went to a residence on Wells Street, where they
located Whitfield, Scott, and Jodie. After retrieving the gun
from the residence’s bathroom, the officers arrested Whitfield. |