973 S.W. 2d 83 (Mo.banc 1998)
Case Facts: Russell Bucklew apparently did not want to live apart from Stephanie Ray. The two had lived together in Cape Girardeau County until Ray decided to break up with Bucklew on Valentine’s Day, 1996. Bucklew left their mobile home and went to live with his parents.
On March 6, Bucklew returned to the trailer he had shared with Ray, found Michael Sanders, the victim in this case, there, concluded that Sanders and Ray were romantically involved, put a knife to Sanders’s throat and threatened to kill Sanders if Sanders ever came back to Ray’s trailer. Later that same evening, Bucklew returned to the trailer, found Ray alone, threatened her with a knife, cut her jaw, and punched her in the face before leaving. Ray reported all of this to the police.
Bucklew called Ray at work the following day, March 7. He threatened her again and promised to kill her, Sanders, and her children if he saw her with Sanders again. Ray moved in with Sanders, fearing to return to her own home.
Sometime during the night of March 20-21, Bucklew stole his nephew’s car, two of his brother’s pistols, two sets of his brother’s handcuffs, and a roll of duct tape. He left a note asking his family not to report his theft to the police. By the afternoon of March 21, Bucklew began surreptitiously following Ray as she left work and ran errands, ultimately discovering where she lived by following her to Sanders trailer. Bucklew waited for some period of time before he knocked on Sander’s trailer door. One of Sander’s children opened the door. Sanders saw Bucklew through the window , escorted the children to a back bedroom and grabbed a shotgun. Bucklew entered the trailer with a pistol in each hand. Sanders came into the hallway carrying a shotgun. Bucklew yelled “get down” and without further warning began shooting at Sanders. Sanders fell, struck by two bullets, one of which entered his chest and tore through his lung. Sanders dropped the shotgun. It went off and blew a hole in the trailer wall.
Bucklew aimed the gun at Sanders’s head but when he saw Sander’s six-year-old son. Bucklew fired at the boy instead. The shot missed.
Ray stepped between Bucklew and Sanders, who was holding his chest as he slumped against the wall. Bucklew invited Ray to drop to her knees. When she delayed, he struck her face with the pistol. He produced handcuffs, handcuffed her hands behind her back and dragged her to the car. The two drove away.
During the journey that followed, Bucklew demanded sex. When all of the acts he demanded were not performed, Bucklew raped Ray in the back seat of the car. Resuming the journey, Bucklew drove north on Interstate 55.
By this time law enforcement authorities had broadcast a description of the Bucklew car. Trooper James Hedrich saw the car, called for assistance, and began following Bucklew. They ultimately apprehended Bucklew after a gunfight in which both a trooper and Bucklew were wounded by gunshot.
Michael Sanders bled to death from his wounds.