967 S.W. 2d 596 (Mo.Banc)
Case Facts: In late August 1994, Dennis Skillicorn, Allen Nicklasson, and Tim DeGraffenreid headed east from Kansas City to obtain illegal drugs. On August 23, 1994, during their return trip to Kansas City, the 1983 Chevrolet Caprice in which they were traveling broke down twenty-two miles east of the Kingdom City exit on I-70. An offer of assistance by a state trooper was refused. The next day they traveled 17 miles to the JJ overpass. They burglarized the nearby home of Merlin Smith, stole some guns and money, and used the stolen money to pay for a tow to Kingdom City. A garage in Kingdom City was unable to repair the extensive mechanical problems. They drove back toward the site of the robbery and the car stalled again. Between 4 and 5 p.m., Richard Drummond, a technical support supervisor for AT & T saw the stranded motorists and offered to take them to use a phone. He was driving a white company car.
Skillicorn and Nicklasson were both armed. They loaded the booty from the Smith burglary into the trunk of Drummond’s car. While Nicklasson held a gun to Drummond’s head, Skillicorn asked Drummond questions in order to calm him down, including whether Drummond’s “old lady” was going to miss him. As Drummond drove east, Skillicorn “got to thinking…if we let this guy off, he’s got this car phone.” So they disabled the car phone. Skillicorn stated that he later determined they would have to “lose” Drummond in the woods. At some point during this time, Nicklasson and Skillicorn discussed what they should do with Drummond. Skillicorn, in his sworn statement, claimed that Nicklasson said “he was going to, you know, do something to this guy. I tell him -you know, now, we’re trying to talk on the pretenses that-that, uh, this guy in the front seat don’t hear us too. Right? Right. ‘Cause, uh, I didn’t want him panicking.”
They directed Drummond to exit I-70 at the Highway T exit. They proceeded four miles on to County Road 202 to a secluded area where they ordered Drummond to stop his vehicle. As Nicklasson prepared to take Drummond through a field toward a wooded area, Skillicorn demanded Drummond’s wallet. Knowing Nicklasson had no rope or other means by which to restrain Drummond and that Nicklasson carried a loaded .22 caliber pistol, Skillicorn watched as Nicklasson lead Drummond toward a wooded area. There, Nicklasson shot Drummond twice in the head. Skillicorn acknowledged hearing two shots from the woods and that Nicklasson returned having “already done what he had to do.” Drummond’s remains were found eight days later.
