Preview:

In the Missouri Court of Appeals Eastern District
DIVISION FOUR STATE OF MISSOURI, Respondent, vs. GEBAR BYRD, Appellant. ) ) ) ) ) ) ) ) ) No. ED97826 Appeal from the Circuit Court of the City of St. Louis Honorable Bryan L. Hettenbach

Filed: December 18, 2012

Introduction Gebar Byrd (Defendant) appeals the judgment of conviction entered by the Circuit Court of the City of St. Louis after a jury found him guilty of second-degree murder, first-degree involuntary manslaughter, first-degree endangering the welfare of a child, and second-degree domestic assault. Defendant claims the trial court erred in: (1) denying his motion for judgment of acquittal because the evidence was insufficient to support his conviction of second-degree murder; (2) denying his motion to suppress statements; (3) denying his motion for judgment of acquittal because the evidence was insufficient to support his conviction of involuntary manslaughter; and (4) accepting inconsistent jury verdicts. We affirm. Factual and Procedural Background Viewed in the light most favorable to the verdict, the evidence at trial revealed the following: Defendant and his girlfriend, Yasmin Rodriguez, had a son named Gebar Byrd Jr. On March 23, 2010, Defendant and Yasmin took Gebar Jr., then twenty-three months old, to a park

adjacent to the Mississippi River.

Defendant and Yasmin argued, and Yasmin informed

Defendant that she was leaving him. Defendant was angry because he believed Yasmin was planning to take Gebar Jr. to Mexico. Defendant also felt that Yasmin had "trapped" him by using Gebar Jr. to prevent Defendant from going to Atlanta. Yasmin walked toward the river with Gebar Jr. Defendant pushed Yasmin into the water while she was holding Gebar Jr. Yasmin did not know how to swim, and she had previously advised Defendant of that fact. Defendant jumped into the water to assist Gebar Jr. Defendant was unable to help Gebar Jr. or Yasmin, and he saw them sink into the water. Defendant left the park and later disposed of a child safety seat that was in his car and photographs of Gebar Jr. On March 28, 2010, Yasmin's sister reported to the University City Police Department that Yasmin was missing. Detective Shannon Eaton and Detective Christopher Nappier of the University City Police Department questioned Defendant that day about the whereabouts of Yasmin and Gebar Jr. Defendant stated that he did not know where they were. On April 9, 2010, police recovered Yasmin's body from the Mississippi River after a fisherman discovered it. On April 11, 2010, Defendant met a woman named Melissa Brown. Defendant informed Ms. Brown that his son's birthday was approaching. Ms. Brown inquired whether Defendant planned to find Gebar Jr. and spend his birthday with him. Defendant answered that "he did not need to look for his son because he already knew where they were . . . and he would not be able to get to them." On April 21, 2010, Detectives Scott Sailor and Lon Ray of St. Louis Police Department questioned Defendant about Yasmin's disappearance. Defendant denied having any knowledge about the matter.

2

On May 26, 2010, officers from the University City Police Department arrested Defendant for an offense unrelated to Yasmin and Gebar Jr. While Defendant was in custody, Detective Eaton asked Defendant if he was willing to discuss Yasmin's disappearance, and Defendant responded that he was. During the interview, Defendant stated that he knew nothing about the disappearance of Yasmin and Gebar Jr. Later that day, Detective Nappier interviewed Defendant. Defendant stated that he last saw Yasmin and Gebar Jr. at a riverfront park in the City of St. Louis. Defendant informed Detective Nappier that after he and Yasmin argued at the park, Yasmin entered the water while holding Gebar Jr. Defendant stated that he tried to save them but was unable to do so because the water was too cold. Defendant showed Detective Nappier, among others, where the incident occurred. Detectives Nappier and Sailor transported Defendant to the University City Police Department. There, the detectives interviewed Defendant. Defendant repeated his earlier

statement that Yasmin entered the water while holding Gebar Jr. Detective Sailor escorted Defendant to the St. Louis Police Department, where Detectives Sailor and Ray interviewed Defendant. Defendant admitted that he pushed Yasmin into the Mississippi River while she was holding Gebar Jr. and that he knew Yasmin did not know how to swim. When the detectives asked Defendant what his intent was when he pushed Yasmin into the river, Defendant responded that he "wasn't taking [his] medication." Detective Sailor

believed that Defendant "tr[ied] to dodge the question by saying . . . he wasn't taking his medication at the time." The State charged Defendant with two counts of murder in the first degree and one count of endangering the welfare of a child in the first degree in connection with the events of March

3

23, 2010. The State also charged Defendant with one count of second-degree domestic assault with regard to an incident on April 30, 2009. Prior to trial, Defendant filed a motion to suppress statements of Defendant that the State intended to admit in evidence. As grounds, Defendant alleged that the police did not advise him of his constitutional rights prior to interrogation and he did not waive his right to remain silent, to counsel, or to have counsel appointed for him. Defendant also asserted that the police did not cease interrogation after Defendant invoked his right to remain silent and to counsel. The trial court held a hearing on the motion. Detective Eaton testified that prior to questioning Defendant on May 26, he advised Defendant of his Miranda rights. Defendant stated that he wished to waive his rights and signed a form entitled "University City Miranda Rules" confirming his waiver. Detective Nappier testified that before he interviewed Defendant later that day, he reminded Defendant of his Miranda rights. Defendant waived his rights. Detectives Nappier and Sailor testified that they subsequently interviewed Defendant. After approximately one hour, Defendant informed them that he no longer wanted to speak with them and that he "wanted a lawyer." The detectives ended the interview. Detective Sailor testified that after he transported Defendant to the St. Louis Police Department later that day, Defendant advised Detective Sailor that he was "ready to tell [him] everything about what happened" to Yasmin and Gebar Jr. Detective Sailor reminded Defendant that he had requested an attorney. Defendant stated that he did not need an attorney, he was ready to tell the detective "everything that happened," and he was "tired and . . . wanted to get it over with." Detective Sailor asked Defendant if he was sure, and Defendant stated that he was sure. Detective Ray testified that he heard the foregoing conversation between Defendant and Detective Sailor.

4

The State introduced a video recording of the interview that followed Defendant's statement to Detective Sailor that he was "ready to tell [him] everything." At the beginning of the interview, Detective Sailor advised Defendant that he had the right to remain silent, to counsel, and to appointed counsel. Defendant stated that he understood his rights. Detective Sailor asked Defendant, "Having understood those rights, are you willing to talk to me about this incident?" Defendant responded, "Yes." Detective Sailor testified that Defendant had advised him in April that he was "on Haldol" and that he had been "institutionalized." The trial court found that Defendant made a knowing, intelligent, and voluntary waiver of his constitutional rights. The trial court denied Defendant's motion to suppress his statements. At trial, the State introduced the testimony of an officer who went to Defendant's home on March 28, 2010 to investigate the disappearance of Yasmin and Gebar Jr. and an officer who was present for the retrieval of Yasmin's body from the Mississippi River. In addition, Melissa Brown testified about her conversations with Defendant on April 11, 2010. The State also called Detectives Eaton, Nappier, and Sailor to testify. The State played video recordings of the May 26, 2010 interviews of Defendant by Detectives Nappier and Sailor at the University City Police Department and by Detectives Sailor and Ray at the St. Louis Police Department. Defendant renewed his motion to suppress his statements and objected to the State's introduction of his statements through the recorded interviews and the testimony of Detectives Eaton, Nappier, and Sailor. The trial court denied the motion and overruled the objections. At the close of the State's evidence, Defendant moved for acquittal on each count. The trial court denied the motion.

5

In connection with Yasmin's death, the trial court instructed the jury on first-degree murder and the lesser-included offenses of second-degree murder and voluntary manslaughter. The trial court instructed the jury on first-degree murder for the count relating to Gebar Jr.'s death and the lesser-included offenses of second-degree murder and first-degree involuntary manslaughter. The jury found Defendant guilty of murder in the second degree as to the count relating to Yasmin, involuntary manslaughter in the first degree as to the count concerning Gebar Jr., endangering the welfare of a child in the first degree, and domestic assault in the second degree. The trial court sentenced Defendant to life imprisonment for second-degree murder consecutive to three consecutive seven-year terms on the remaining counts, for a total of life plus twenty-one years. Defendant appeals. Discussion A. Motion to Suppress In his second point on appeal, Defendant argues that the trial court erred in denying his motion to suppress statements. More specifically, Defendant maintains that the police

questioned him after he invoked his right to counsel without guaranteeing that his new waiver of rights was unequivocal and that the police knew that Defendant's mental capacity to waive his rights was "questionable" due to his use of anti-psychotic drugs. The State responds that Defendant initiated communication with the police after invoking his right to counsel and that no evidence supports his claim that he was mentally incompetent to waive his rights. Appellate review of a trial court's decision on a motion to suppress evidence "is limited to a determination of whether substantial evidence exists to support the trial court's ruling," and we will reverse the ruling only if it is clearly erroneous. State v. Carollo, 172 S.W.3d 872, 873

6

(Mo. App. S.D. 2005). We "consider[] the record made at the suppression hearing as well as the trial testimony" and review all facts and reasonable inferences therefrom in the light most favorable to the trial court's decision. Id. This court defers "to the trial court's superior opportunity to determine the credibility of witnesses." State v. Rousan, 961 S.W.2d 831, 845 (Mo. banc 1998). "The Fifth Amendment's prohibition against self incrimination provides an accused the right to counsel during custodial interrogation." State v. Nicklasson, 967 S.W.2d 596, 606 (Mo. banc 1998) (citing Miranda v. Arizona, 384 U.S. 436, 478 (1966)). "Once an accused requests counsel, questioning must cease until counsel has been made available, unless the accused initiates further communication with police." Id. (citing Edwards v. Arizona, 451 U.S. 477, 485

Download ed97826.pdf

Missouri Law