State of Missouri v. Robert G. Donnell

Marshall, Missouri criminal defense lawyer represented the Defendant charged with one count of possession of a controlled substnce, one county of Burglary in the second degree, and one count of resisting arrests.

Donnell was charged with six offenses based on two separate incidents, both of which occurred at a rehabilitation center that was no longer in operation. Regarding an



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incident occurring on October 3, 2021, Donnell was charged with one count of burglary in the second degree, one count of possession of burglary tools, and one count of possession of a controlled substance. Regarding an incident occurring on April 3, 2022, Donnell was charged with one count of burglary in the second degree, one count of resisting arrest, and one count of stealing.



Prior to trial, Donnell filed a motion to suppress that argued that the methamphetamine that was found in his pocket during the October 2021 incident was the product of an unconstitutional search and seizure. Following a suppression hearing, the trial court denied Donnell's motion. Donnell did not object when the evidence was admitted at his subsequent trial.



Regarding the October 2021 incident, the State presented evidence that Donnell's truck was parked near a building at the closed rehabilitation center. Doors to the defunct center, which should have been secured, were open. Copper wire had been cut and gathered near the open door. A pry bar was located on the back of Donnell's truck. Police officers located Donnell behind a nearby tree and in possession of a night vision camera. The officers questioned Donnell. During a pat-down for weapons, a pair of wire-cutters were located in Donnell's pocket. Donnell claimed that he was playing hide and seek with a friend (though he later admitted at trial that no one else was present). A search of Donnell's pocket revealed a bag of what appeared to be methamphetamine. Donnell was subsequently arrested.



Donnell testified at trial that he was "out in the woods with a night vision camera being high." He testified that he did not go into any of the buildings that night; that he had never seen the pry bar before; that the doors of the building were always open; that he always carried pliers in his pocket; that he lied to police because he was nervous because he was in possession of methamphetamine; and that he was "probably too high" to have committed any burglaries.



Regarding the April 2022 incident, the State presented evidence that Donnell and a relative, J.U., went to the rehabilitation center to steal copper. They drove to the rehabilitation center separately, entered, and spent over two hours cutting and stacking wire and piping to sell as scrap metal. Donnell brought tools. Law enforcement arrived to respond to a break-in. Donnell fled when an officer announced his presence; the officer gave chase; and Donnell ignored the officer's calls to stop. Subsequently, law enforcement discovered an "abundance of copper piping" and an insurance card belonging to Donnell in the jeep that Donnell had driven to the center.



Donnell testified that he had driven the jeep to the rehabilitation center and had been present at the center twice earlier on April 3, 2022, but that he was not present when police arrived.



Following a two-day trial, the jury returned its verdict. Regarding the October 2021 incident, the jury found Donnell guilty of possession of a controlled substance, but acquitted Donnell of the charges of burglary and possession of burglary tools. Regarding the April 2022 incident, the jury found Donnell guilty of burglary in the second degree and resisting arrest, but acquitted Donnell of the charge of stealing.



Donnell was sentenced as a prior and persistent felony offender to a term of eight years for possession of a controlled substance, a term of ten years for burglary in the second degree, and a term of seven years for resisting arrest with the sentences to run consecutively.

Defendant was found guilty.



Affirmed on appeal.