The Missouri Supreme Court affirmed the convictions of Dustin Curtis Winter for first-degree murder and first-degree kidnapping, rejecting his arguments that insufficient evidence supported the jury's guilty verdict in Greene County Circuit Court.
In an opinion issued Aug. 12, the court held that Winter's convictions were supported by sufficient evidence and remanded the matter solely to correct the written judgment to reflect the oral pronouncement of sentences. The case was heard en banc by the state's highest court under case number SC100847.
Winter had appealed his convictions on two primary grounds: that the circuit court erred in overruling his motion for judgment of acquittal due to insufficient evidence, and that the court plainly erred because its written judgment differed materially from its oral pronouncement of sentences. The Honorable David C. Jones presided over the original trial in Greene County.
According to court records, the case stemmed from events in July 2019. During the second week of that month, Winter told two friends, identified as A.S. and K.P., that he wanted to harm the victim because the victim had allegedly robbed Winter and raped Winter's girlfriend, S.S. Winter specifically asked A.S. to help him assault the victim.
The evidence showed Winter developed a plan to lure the victim to a house on Central Avenue in Springfield. Winter rented a U-Haul van and agreed with his friends that he would "play nice" so the victim would "agree to come help him or hang out with him or do something." This plan demonstrated premeditation in the charges against Winter.
On July 23, 2019, Winter told S.S. he was "going after [Victim] and going to make sure he suffers slowly with pain and agony." When S.S. asked Winter to "stop this self-destructive pattern," Winter responded that he was "going after [Victim]" and would be "handling it by myself."
Text message evidence played a crucial role in the prosecution's case. At 5:21 p.m. on July 26, 2019, Winter messaged the victim asking, "Hey, if you ain't doing sh*t, could I get your help possibly?" This message appears to have been part of Winter's plan to lure the victim to the location where the crimes occurred.
The Missouri Supreme Court's decision to affirm the convictions indicates the justices found the evidence presented at trial was sufficient for a reasonable jury to conclude Winter was guilty beyond a reasonable doubt of both first-degree murder and first-degree kidnapping. First-degree murder in Missouri requires proof of deliberate premeditation, while first-degree kidnapping involves unlawfully removing or confining a person by force or threat of force.
Sufficient evidence challenges are common in criminal appeals, as defendants argue that even viewing the evidence in the light most favorable to the prosecution, no reasonable jury could have found guilt beyond a reasonable doubt. The Missouri Supreme Court's rejection of this argument suggests the evidence against Winter was substantial.
The court's decision to remand solely for correction of the written judgment addresses a procedural issue that can arise when there are discrepancies between what a judge says during oral sentencing and what appears in the written order. This type of correction, known as nunc pro tunc, allows courts to correct clerical errors or omissions to reflect what was actually intended.
The Missouri Supreme Court exercised jurisdiction under article V, section 10, of the Missouri Constitution, which grants the court authority to hear appeals in cases involving the death penalty or life imprisonment, as well as other serious felonies.
The affirmation of Winter's convictions demonstrates the court's confidence that the trial court properly handled both the evidentiary and procedural aspects of the case. The detailed planning Winter engaged in, combined with his explicit statements about wanting to harm the victim, likely provided strong evidence of premeditation for the murder charge.
The kidnapping conviction suggests the evidence showed Winter unlawfully confined or moved the victim, which would have been necessary to carry out his stated plan to make the victim "suffer slowly with pain and agony."
While the full details of what occurred at the Central Avenue location are not provided in the available court documents, the Supreme Court's decision indicates the jury had sufficient evidence to conclude that Winter carried out his planned attack on the victim, resulting in the victim's death.
The case highlights how electronic communications and witness testimony can provide crucial evidence in violent crime prosecutions. Winter's text messages and statements to friends created a clear timeline and demonstrated his intent before the crimes occurred.
With the Missouri Supreme Court's affirmation, Winter's convictions for first-degree murder and first-degree kidnapping stand, though the case will return to Greene County Circuit Court for the limited purpose of correcting the sentencing documentation.