Staff Report//June 25, 2025//
Defendant appealed his conviction for second-degree murder, armed criminal action, endangering the welfare of a child, and unlawful use of a weapon, challenging the sufficiency of the evidence to prove that his actions created a substantial risk to a child and arguing that the trial court erred in failing to instruct the jury on all theories of defense of others.
Given the trajectory of the bullets fired by defendant and their close proximity to a child, the jury could reasonably infer that defendant created a substantial risk to the child. Furthermore, defendant offered the jury instruction he now challenged on appeal.
Judgment is affirmed.
State v. Hill (MLW No. 83383/Case No. WD86919 – 11 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Johnson County, Lett, J. (Christian E. Lehmberg, Assistant Public Defender, Columbia for appellant) (Andrew Bailey, Attorney General and Riley A. O’Shaughnessy, Assistant Attorney General, Jefferson City for respondent)