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State v. Johns12/5/2000
Appeal From: Circuit Court of Pulaski County, Hon. Douglas E. Long
William Ray Price, Jr., Chief Justice
Opinion Vote: AFFIRMED.
Limbaugh, Covington, Holstein and Benton, JJ., concur; Wolff, J., dissents in separate opinion filed; White, J., concurs in opinion of Wolff, J.
Opinion:
A jury convicted Alis Ben Johns (a.k.a. Joe Johns) of first degree murder for the killing of Thomas Stewart on October 1, 1996. Because the trial court sentenced Johns to death, we have exclusive jurisdiction over the appeal. Mo. Const. art. V, section 3. We affirm the judgment.
I. Facts
Alis Johns began spending time with Thomas Stewart in the spring of 1996. Both men traveled in the same circles and spent considerable time drinking alcohol together. On the night of October 1, 1996, Johns accepted a ride from Stewart's girlfriend, Deborah Tedder. Stewart, who had been fighting with Tedder earlier in the day, followed in his truck and eventually confronted Johns and Tedder on rural Highway KK in Pulaski County. All three individuals were intoxicated. The confrontation became violent, and two of Tedder's car windows were shattered. At some point, Johns exited the automobile with a .22 caliber pistol. Johns shot Stewart seven times, killing him.
At 10:00 p.m., Robert and Christina Deardeuff passed by the scene while returning home from a family gathering. They saw Stewart's gray Chevrolet truck stopped in the northbound lane with a small white car in close proximity. Robert also noticed a man lying face down between the automobile and the truck. As they approached the second vehicle, Robert slowed down to offer his assistance. But Johns admonished them several times, "Everything's all right -- just go on." After the Deardeuffs left the scene, Johns and Tedder fled in Tedder's car.
Approximately one hour later, Kristine Brockes came upon Stewart's truck while returning from her job at Ft. Leonard Wood. She found Stewart's body lying face down behind the truck and called the police. Paramedics and law enforcement officers arrived shortly thereafter. Though police were unable to find the murder weapon, they did recover seven .22 caliber shell casings, which were resting in close proximity to one another approximately fifteen feet from Stewart's body. In addition to the shell casings, police found a pile of glass and two spots of blood where Tedder's car had been parked. The next morning, police found an eighth shell casing that had come to rest within a few feet from where the victim's body had been.
The autopsy report revealed that Stewart had been shot in his left wrist, the left side of his belly, his left side, the back of his upper right leg, the right lower leg, the right side of his body, and the left side of the back of his head. While each wound produced varying degrees of internal damage, the wound to the head proved instantly fatal.
The police apprehended Tedder the next morning. Tedder indicated that Johns might have been involved in Stewart's death. While questioning Tedder, the officers noticed two types of damage to Tedder's car: two shattered windows and a puncture to the left rear quarter that looked like a bullet hole. They also found what appeared to be a splatter of blood on the fender. Local law enforcement began searching for Johns.
Johns had been living on a small farm that was owned by Pearl Rose. When police arrived at the farm, however, Johns was already on the run. The officers searched the premises and recovered several .22 caliber shell casings, which were sent to the Missouri State Highway Patrol Crime Lab and compared to shells found at the scene
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