State Missouri v. Jeffrey Wade Schmidt by Court of Appeals of Missouri

State Missouri v. Jeffrey Wade Schmidt

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Defendant, Jeffrey Wade Schmidt, appeals from his convictions, after a jury trial, for involuntary manslaughter and armed criminal action. He was sentenced to consecutive terms of imprisonment of seven years and six years, respectively. Defendant also appeals from the denial of his Rule 29.15 motion after an evidentiary hearing. We affirm. Defendant does not challenge the sufficiency of the evidence. Viewed in the light most favorable to the verdict, the evidence established that at about 8:00 p.m. on January 13, 1990, defendant and his brother-in-law returned to a bar in Hillsboro, Missouri, where they had been earlier that day. They had consumed large quantities of alcoholic beverages throughout the day. When they arrived at the bar, they had a shotgun hidden in their truck; and defendant carried a .357 magnum pistol with him, tucked in his pants out of sight. As soon as they entered the bar, they stopped at the table of the bouncer, Martin Drennen (victim). At that point, another patron, Frank Wakefield, approached them, made some comment to them about not causing trouble, and hit the brother-in-law in the face with a pool cue. When the brother-in-law fell to the floor, Wakefield continued to hit him. Defendant drew his pistol. The victim grabbed defendant from behind and pulled him out the door. Defendant and the victim continued to wrestle outside. Wakefield then went outside and jumped on defendant's back. The pistol in defendant's hand fired and the shot hit the victim in the chest. The victim died as a result of the gunshot wound.

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