State v. Barnum

14 S.W.3d 587 (2000)

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Nature of the Case

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Facts

At about 1:00 a.m., fourteen-year-old Candis West snuck out of her home and went to visit her boyfriend, Brandon Srader. Brandon was not home but Norma, D, his nineteen-year-old sister, was present. Candis and D decided to go for a walk. When they returned at approximately 2:00 a.m., Brandon and Christina Cassidy, Jessica Griffin, Heather Belt, Travis Laster. and Michael Jackson were at the Srader home. Candis did not know Christina, Jessica, or Heather, but quickly discovered that Brandon had begun a relationship with Jessica. Candis told Christina and Heather she was upset with Brandon's involvement with Jessica. Christina and Heather told Jessica what Candis had said. The three girls decided to take Candis somewhere and beat her up. Everyone at the house, except for Candis and Michael, was aware of the plan. They took her to a Wal-Mart to do the beating but Travis secretly told the other girls that he knew of a better spot for the beating. Travis then drove the entire group to a low-water bridge. As everyone got out of the vehicle, Christina hit Candis in the face and began pulling her hair. Candis did not fight back but instead fell to the ground. Jessica and Heather joined in. Over the course of one hour, the three girls dragged Candis by her hair over the concrete, attempted to burn her hair with a lighter, forced her to remove all her clothing, spanked her with her shoes, threw her into the water, and tossed her clothes in after her. Brandon, Travis, and D stood and watched. D, who was laughing during the beating, yelled, 'yeah, yeah, let's kill her, kill her run her over with the van.' Travis told Christina, Jessica, and Heather that it was time to stop. The group returned to the vehicle. leaving Candis in the water, and Christina warned Candis that if she moved, they would come back and kill her. D accompanied the group as they left, making no attempt to assist Candis or get medical assistance for her. Candis, naked and severely beaten, stopped a passing car. The driver gave her a flannel shirt and a jacket and drove her to the police station. She gave the names and addresses of the individuals involved in the attack. Candis' clothing and jewelry under the bridge. Travis, D, and 'three other white female juveniles' were arrested. Candis had to have reconstructive surgery on her eye socket and was plagued by vision problems and headaches. D was charged with the first-degree assault under an accomplice liability theory. D was found guilty of assault in the first degree and appealed. D argues that because she did not actively participate in the planning or actual beating of Candis, and because the attackers did not act directly on the suggestions she shouted during the attack, the evidence was insufficient to support her conviction of first-degree assault.