Date: 09-12-2024

Case Style:

State of Missouri v. Steven Benford

Case Number: 2023-CR04963

Judge: David C. Jones

Court: Circuit Court, Greene County, Missouri

Plaintiff's Attorney: Greene County Missouri District Attorney's Office

Defendant's Attorney:

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Description:

Springfield, Missouri second-degree assault criminal defense lawyer represented the Defendant.

On November 18, 2020, former Springfield police officer Victoria Myers ("Officer Myers") responded to a call reporting a trespass at 731 East Pacific in Greene County, Missouri. The caller reported the trespasser was a black male who was possibly armed with a gun. Officer Myers arrived on scene to find several other officers on site. Because the offender was believed to be inside the house and armed with a weapon, Officer Myers and several other officers began setting up a perimeter.

While the officers were securing the perimeter, Benford exited the back of the house. The officers asked Benford to put his hands up in the air, which he refused to do. Benford began walking toward the officers, who were then able to safely get him into handcuffs. Benford was then searched and a weapon, a gray and black handgun, was found in his front right pocket. Bullets were found with the weapon. During the search, Benford told the officers he wanted to harm the officers and their families.

While Benford was taken into custody, Springfield police officer Wyatt Holdman ("Officer Holdman") arrived on scene. Upon his arrival, he was instructed to take photos of the scene, including photos of the front and back of the house, a bathroom located inside the house, and the weapon and ammunition found on Benford. The ammunition was found near the weapon at the time photos were taken.

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During her trial testimony, Officer Myers identified the weapon found on Benford as a 9-millimeter Taurus PT111 handgun, and also identified the magazine and ammunition found with the Taurus. The handgun and a magazine were identified in court and admitted as State's Exhibit 13. Officer Myers did not inspect, disassemble, or fire the weapon in question prior to her testimony. Officer Holdman also identified the weapon as a 9-millimeter Taurus handgun during his testimony.

Outcome: After a bench trial in April of 2023, the trial court found Benford guilty on all counts, including unlawful possession of a firearm...

Affirmed.

State v. Benford, SD38101 (Mo. App. Sep 12, 2024)

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