State v. Little

604 S.W.3d 708

STATE of Missouri, Respondent,

v.Harry LITTLE, Appellant.

No. ED 107404

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: March 31, 2020 Application for Transfer to Supreme Court Denied September 1, 2020

For Appellant: Kristina S. Olson, 1010 Market St., Ste. 1100, St. Louis, MO 63101.

For Respondent: Nathan J. Aquino, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

KURT S. ODENWALD, Judge

Introduction

Harry Little ("Little") appeals from the judgment of the trial court entered after a bench trial finding him guilty of murder in the second degree, armed criminal action, and unlawful possession of a firearm. Little raises three points on appeal. In his first two points, Little argues the trial court clearly erred in denying his motion to suppress statements he made to police and his motion to suppress various evidence seized without a search warrant or Little's consent. In his final point, Little challenges the sufficiency of the evidence to sustain his conviction for unlawful possession of a firearm. Because we find that any error in admitting Little's statements into evidence was harmless beyond a reasonable doubt, that there was no error in denying the motion to suppress evidence, and that sufficient evidence was adduced to sustain Little's conviction for unlawful possession of a firearm, we deny all three points and affirm the judgment of the trial court.

Factual and Procedural History

On the morning of November 14, 2014, Officers Erich Vonnida ("Officer Vonnida") and Carl Whittaker (collectively, "the Officers") were dispatched to a residence in St. Louis City in response to a call from Little reporting that he had found a woman dead ("Victim") in his backyard. The Officers initially responded to the rear of the residence. Little was standing inside the gated backyard and allowed the Officers entry into the yard. Victim's body was covered by a blanket. Little said that he had covered up Victim's body. Little also told the Officers that he had overdosed the previous evening and could not recall what had happened. The Officers observed that Victim was dead and contacted emergency medical services. The Officers waited with Little in the backyard while waiting for emergency medical services and other officers to respond to the scene.

While the Officers and Little were waiting, Little wanted to go inside because it was cold. Little went into the residence and let the Officers in behind him. The Officers observed a blood stain and a knife on the floor. Little remarked that there must have been a struggle. The Officers had Little sit down, handcuffed him, and then performed a protective sweep of the residence.

Police officers took Little to the police station, placed Little in a chair in an interrogation room, and handcuffed him to the floor. During this time, police officers searched and seized evidence from Little's residence. Approximately two hours later, Detective Amy Funk ("Detective Funk") entered the room, introduced herself to Little, and began asking about the signs of the struggle:

DET. FUNK: Mr. Little, my name's Amy Funk, I'm a detective here with the homicide division. I'll be investigating this incident, ok? Now, it's my understanding that you, um, whenever the police officers went in and they saw the signs of the struggle you were talking about obviously there was something that had happened in the, in the, in the house, is that correct?

LITTLE: I don't know.

DET. FUNK: Well, to you did it look like something had gone on right there?

LITTLE: Well, I mean I seen the knives on the floor, you know.

DET. FUNK: Ok. So what I'd like to do is be able to go in and process that stuff, do you understand that, for evidence? So what I'd like to do is I'd like to have you sign a consent to search.

Little agreed and signed a consent-to-search form. Detective Funk then read Little his Miranda ¹ rights.

Detective Funk next asked Little if he would be willing to submit to a gunshot residue test and a buccal swab:

DET. FUNK: Now with that being said, there are a couple of things that, that we'd like to do to help further prove that you have no involvement in this, do you understand that? Now, the first thing that we'd like to do is this. This is called a GSR test. Ok? And basically what it does is it takes off little like specks or whatever from your skin and stuff just to prove that there's no gunshot residue on your hands. Would you be willing to do that?

LITTLE: I won't do anything without a lawyer [unintelligible].

DET. FUNK: Ok. Well, and listen, if that is indeed what you wish to do that's fine, but I want you to know that when this is all said and done, these things are gonna help prove your innocence.

LITTLE: I understand. But I just don't want to do anything without a lawyer.

DET. FUNK: Ok, well here's what, here's what we need to understand at this point. I need this stuff as evidence, ok?

LITTLE: Yes, ma'am.

DET. FUNK: And I need this stuff to prove that you're not involved, ok? So if I have to go register a search warrant to get this stuff then that's what I'll have to do. Because one way or the other we're gonna have to do that.

LITTLE: You gotta do what you gotta do, but I can't do nothing without a lawyer.

DET. FUNK: I understand that, but, do you have a lawyer on file that you wish to speak with?

LITTLE: No ma'am.

DET. FUNK: So what I need from, what I need at this point is for you to understand that in order to go forward with this, in order to prove that you are not involved, this has to be done, and a buccal swab. Those are the only two real things that need to be done, ok? And that just takes saliva out of your mouth and this just takes things off of your hand and then I can get it to the lab and hopefully we can have it back right away and figure out that you have nothing to do with this.

LITTLE: I'm on parole miss.

DET. FUNK: I understand that. But if you did nothing wrong, you did nothing wrong.

LITTLE: Yeah, well just the mere fact that that happened at that residence, has doomed me from the start.

DET. FUNK: No, no sir. Not at all. Not at all.

LITTLE: I don't want to do anything without a lawyer because I done, y'all know my jacket, you know that long ago I don't do anything without a lawyer.

After a little more conversation, Detective Funk left the room.

Approximately ten minutes later, Detective Funk returned and asked Little for information about himself, including his full name, birthdate, social security number, and address. Detective Funk then asked about Victim, including questions about Little and Victim's relationship history. Detective Funk began to ask Little when he had last seen Victim and what he had been doing the prior day:

DET. FUNK: When did you see her last?

LITTLE: Yesterday.

DET. FUNK: What time about?

LITTLE: Five something, 5:30 I think. About 5:30 when I left for work.

DET. FUNK: Ok. So do you work evenings?

LITTLE: I work during the day.

DET. FUNK: Ok. So 5:30 in the morning?

LITTLE: No, 5:30 in the evening.

DET. FUNK: So you left the house and she was there? Is that what you're saying? I guess I'm not understanding.

LITTLE: When I came home, was she there? Probably wasn't. But she came while I was there and then I was boogying.

DET. FUNK: Ok, so when did you leave the house?

LITTLE: About 5:30 or somewhere around there.

DET. FUNK: And then you were gone ‘til when?

LITTLE: ‘Til this morning.

DET. FUNK: Ok. So from 5:30 PM last night until what time this morning about?

LITTLE: Whenever I called the police.

DET. FUNK: Ok. That was like 6:40ish.

LITTLE: I don't know.

DET. FUNK: And so you spent the night someplace else or doing something else? What were you, where were you?

LITTLE: I'm a dope fiend miss, I was passed out.

DET. FUNK: Do you know where you were passed out?

LITTLE: Not really.

DET. FUNK: So ...

LITTLE: When I woke up, somewhere, I don't know, I need a lawyer, I'm steady talking, saying I was a dope fiend, I was passed out.

Detective Funk then inquired about that morning, Victim's other relationships, and Little's relationship with Victim, before returning to questioning about the previous night.

Detective Funk then asked about Little's physical condition, as she had previously brought him some potato chips in response to him stating he needed to eat:

DET. FUNK: Is your stomach feeling a little bit better?

LITTLE: That ain't, that ain't really gonna do it, I need carbohydrates, but I ain't gonna worry about it right now.

DET. FUNK: I understand, those chips got some carbohydrates in it, but I promise you I'll get you some more food, alright. I'm kind of running around right now getting things together.

LITTLE: I understand.

DET. FUNK: Just uh, just bear with me, ok Mr. Little?

LITTLE: I'm trying to but I'm saying and I've been instructed all my life, don't do no talking without a lawyer, you know. And I used to, I didn't adhere to that before, but I would like to adhere to that this time.

DET. FUNK: I understand that. I'm not asking you anything guilt-seeking Mr. Little. I'm just trying to get some background information—

LITTLE: I never should even called them doggone police, I should have just left, you know, I'd known I was gonna get caught, which I did know it, but I couldn't just leave, you know, come home, and leave, you know, the person laying out there in the damn [unintelligible] you know, and don't report it.

Detective Funk questioned Little for about two more minutes before leaving the room.

The State obtained warrants for a gunshot residue test and buccal swab, which were then performed on Little.

The State charged Little with murder in the first degree, armed criminal action, tampering with physical evidence, and unlawful possession of a firearm. Little and the State agreed that Little would waive his right to a jury trial and that the State would not seek the death penalty.

Prior to trial, Little filed two motions to suppress, and the trial court held a hearing for both. The first motion sought to suppress statements made by Little to the Officers before ...