The Stockley Verdict: An Explainer

The purpose of this document is to help explain some of the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end of the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own judgment about whether the decision was correct.

Page numbers refer to the opinion, available here.



p. 18) The standard of proof in a trial is “proof beyond a reasonable doubt.” This is the same in a bench trial as in a jury trial. The state has the burden of proof as to each element of the crime.



p. 18) There are three elements to first degree murder: the person must have 1) knowingly, 2) caused the death of another person, and 3) after deliberation upon the matter.1 “Knowing,” as it relates to a result means that you are aware of the “practical certainty” that your action will cause that result. There is no dispute, here, that Stockley caused the death of Anthony Lamar Smith, and did it aware that his actions were practically certain to cause the result. One of the key questions in the case is whether he did so with “deliberation.” (The other key question was whether he acted in self-defense).



p. 18) “Deliberation” is defined by statute as “cool reflection for any length of time, no matter how brief.”2 Missouri court cases have found deliberation to happen in a matter of seconds, or even the time it takes to snap a finger, so it may be better interpreted to mean “they acted deliberately” rather than that “they thought about it for a while.”3



p. 18) Mental states, like deliberation, are usually inferred from the circumstances. We can’t read people’s minds.4 But we can look at what they do and say to figure out what they thought.5



p. 19) The defendant has the burden of injecting self-defense into the proceedings,6 but the defendant has no burden to prove that he did act in self-defense. This means there has to be some evidence of each element of self-defense present in the evidence before the court (the elements of self-defense are explained in more detail below), but the defense doesn’t have the burden to prove beyond a reasonable doubt that he did act in self-defense (who has this burden is explained in the next paragraph). As the court notes, either side can show this evidence, but it is usually the defense that does this, as it is in their interest in do so. Once the evidence is out there, then--in a jury case--there will be a basis for the judge to instruct the jury on the instruction. If it is a bench trial (only a judge), it will be up to the judge to consider the defense.



p. 19) If there is some evidence supporting self-defense--enough so that it goes to the trier of fact (the judge or the jury) to decide on it, then the state gets a new burden. This is something in the law that is very helpful to Stockley: it is as if the state has a new burden to prove beyond a reasonable doubt that Stockley did not act in self-defense.7 In a way, the introduction of self-defense, adds a new element to the crime. Now, the state has to prove beyond a reasonable doubt that Stockley 1) knowingly, 2) caused the death of another, 3) after deliberation and 4) he did not act in self-defense.



p. 19) Law enforcement officer’s use of force. At the time, Missouri’s self-defense statute did not include a “stand your ground" provision. That meant that if someone threatened force on you, and you could avoid using force by running way, you had a duty to do so. This does not apply (and never did apply) to law enforcement officers, per Missouri statute. They do not have to run away in the face of a threat of force.8 This exception is explicitly noted in the self-defense statute.9



p. 19) The verdict also mentions that law enforcement officers can use force to effect the arrest of a person who is fleeing, who is trying to escape by means of a deadly weapon, and the officer reasonably believes force is necessary to make the arrest.10 This may seem to apply in this case, but it doesn’t really. As the defense’s written submission makes clear, Stockley was arguing self-defense, not that he was using force in order to arrest Smith. (This provision may, apply, however, to the shots Stockley fired at the car, or when the police vehicle rammed the vehicle Smith was driving.)



pp. 19-20) The statement by Stockley as evidence of deliberation. Evidence of someone “planning” to kill someone is relevant to inferring deliberation.11



p. 20) A “fifth shot.” Multiple gunshots,12 shots at close range,13 and shots to vital parts of the body,14 can be used to show deliberation. An execution style shot or a “kill shot” can be part of evidence used to show deliberation.15

p. 20-21). The fact that Smith and Stockley did not know one another--had no “prior history”--is highlighted by the Judge as “significant.” “Bad blood” between two parties can be evidence to show deliberation.16 However, it seems possible that a basis for “bad blood” could be found in a) Smith’s ramming the police vehicle, and b) leading the officers on a chase. Moreover, deliberation can be found even if there is no prior hostile relationship.17



p. 21n.10) The court suggests that in situations that are “dangerous,” “stressful” and “frenetic” show lack of “cool” deliberation. However, cases involving similar dangerous and stressful and frenetic circumstances have not barred a finding of deliberation--especially given that deliberation can arise in a matter of seconds.18



p. 24) Self-defense. As noted above, the statute has undergone some changes. But the core has remained the same, and the basics are this: if you fear imminent use of deadly force against you, and reasonably believe that only deadly force is sufficient to remove the threat to your life/physical safety, you are justified in using deadly force to remove the threat. Thus the elements of self-defense when deadly force is used are roughly: 1) the defendant didn’t start it, 2) there was a real necessity for the defendant to use deadly force in order to save himself/herself from danger, 3) the defendant’s belief in the necessity was reasonable, and 4) the defendant did all within his power to avoid the danger and the need to take a life.19 As explained above, while a police officer does have to use less than deadly force if that would be enough to prevent the danger, the officer does not have to retreat-- and in fact, can pursue a person he or she believes is dangerous (so in some sense, they may be the “initial aggressor”).



p. 24) Judge Wilson sees the key factual question as whether Smith had a gun; someone pointing a deadly weapon at you is a rather common basis for asserting self-defense, and one can win on self-defense even if the weapon is not found (or did not exist), provided that the belief that the weapon was there was reasonable.21



p. 26) The court’s observation based on “thirty years on the bench” about urban heroin dealers and guns. Judges--in jury trials--usually can only find “facts” if they are uncontroversial and widely known (something known as taking “judicial notice” of facts).21 But things are different in a bench trial. Here, the judge acts as the jury. Jurors are not confined to the facts at the trial, but can use facts from their experience as a basis for a judgment. So there is less of a constraint on the kinds of facts that can be considered-- jurors can use their own common sense and their experience to bring to bear on a case. Still, that experience must be “common.”22

A recent Supreme Court case may be worth mentioning here. In Pena-Rodriguez v. California, the Court held that racially charged statements made by a juror could be the basis for vacating a death sentence.23 This however is an acquittal, not a conviction, so there does not appear to be any basis for the state to challenge the verdict on the grounds that the Judge demonstrated bias.24

The Judge also, presumably, imputed this (to him) commonsense observation to Stockley. In footnote 9, Judge Wilson rejects the defense’s request to introduce evidence of Smith’s prior criminal record, because Stockley did not know it. But perhaps Stockley would have a similar record of experience as the judge, and so be aware of the probability of a gun. It is also possible that the Judge’s observation is used merely to enhance, in the judge’s eyes, the credibility of Stockley as to whether the gun was found or planted. In fact, this seems the safest assumption.



p. 29) In a case where first degree murder is charged, other homicide charges are “lesser included offenses.” In theory, the judge could have found Stockley guilty of a lesser, homicide charge. The state wanted him to do this, if he found Stockley innocent of first degree murder. The defense did not--they wanted first degree murder or nothing. This strategically may make some sense, especially if they thought they were especially strong on self-defense.

pp. 29-30) In a case called State v. Beeler, the Missouri Supreme Court held that even in a case where self-defense was successful against first degree murder, it could be that a lesser homicide charge was supported.25 If you shot in justified self-defense, but used more force than was necessary, you might still be guilty of recklessly causing the death of another, even if you did not intentionally kill another.26 Nonetheless, because Judge Wilson found that Stockley’s use of force was justified, he felt that Stockley was not guilty of any homicide crime, and declined to consider the possible lesser charges in any detail.