Monday, March 4, 2019

State v. Patrick

            At 7:30 a.m. November 7, 2016, a phone call was made to 911.[1]  The caller, identified in court documents as H.P., called 911 to report a disturbance from the night before involving her son, Derrick Patrick (“Patrick”).[2]  Police were dispatched to the family residence and an investigation ensued.[3]  The police investigation explored allegations of an altercation between Patrick and family members the evening before, but during the course of the 911 call, another possible altercation arose – this time between Patrick and H.P.[4]  Patrick was charged with third degree domestic assault, a class A misdemeanor, for an alleged altercation with H.P. during the phone call she made to 911.[5]  A bench trial was held in Boone County, Missouri, that included the admission of portions of a police officer’s body camera footage and a recording of H.P.’s 911 call.[6]  Patrick was found guilty by the trial court.[7]  Patrick appealed the decision to the Missouri Court of Appeals for the Western District, contending that the trial court abused its discretion in admitting the 911 call and the police body camera footage.[8]