State of Missouri, Respondent v. Timothy J. Whalen, Appellant

Summary

The court held that the evidence was insufficient to prove that Whalen purposely attempted to cause serious physical injury to Officers Taylor and Edler because it did not establish that he was aware of their presence when he fired. It therefore reversed those first-degree assault and associated armed criminal action convictions but remanded for entry of convictions and sentencing for the lesser offenses of second-degree assault and associated armed criminal action. The court affirmed the conviction involving Corporal Cummines and rejected Whalen's instructional-error and change-of-venue claims. PRICE, Judge, concurring in part and dissenting in part, would have affirmed all convictions because the evidence supported reasonable inferences that Whalen knew Taylor and Edler were present and intended to injure them.