State of Missouri v. Mose Young

701 S.W.2d 429 (Mo.Banc 1985)

Mose Young was executed at 12:04 a.m., April 25, 2001.

Audio: Interview with Mose Young
following the stay of his execution on July 12, 2000. Young spoke with
The Missourinet’s Brent Martin from his holding cell. At the time of
the interview, Young did not know whether his execution would be
carried out.

Case Facts: On February 8, 1983 Mose Young entered a pawn shop in St. Louis to pawn a gold plated stickpin. Mr. Lee Raseover, the owner of the shop, told Young the pin was worthless and threatened to call the police and have him arrested for stealing by deceit. A heated exchange ensued with both men pushing each other. Mr. Rascover pulled a gun from a holster on his hip and ordered Young to leave.

Mr. Pascover then telephoned one of his partners at a different shop and warned him of Young’s attempt to pawn the stickpin and the altercation that took place. Young showed up at the second shop and tried to pawn the stickpin for several thousand dollars at which time his offer was refused. Young left the shop after another argument and an attempt to take some jewelry he had asked to examine.

Sometime later Young returned to the second shop carrying a rifle. At the time there were four persons at the shop including an employee Romaell Bennett, Sol Marks, Mr. Raseover’s grandfather, James Schneider, a partner of Mr. Rascover’s, and Kent Bicknese, a billboard salesman. As Young entered the store with the rifle Mr. Bennett sent Mr. Marks to the rear of the store because he feared there might be trouble.

As Young entered the store he pointed the rifle at Mr. Bennett and fired a shot which hit and killed Mr. Bicknese who was standing in front of Mr. Bennett. At that moment Mr. Schneider emerged from his office and Young turned, fired a shot and killed him.

Mr. Bennett retreated with Mr. Marks to the back of the store. Mr. Marks tripped and Mr. Bennett left him and went to the basement where he hid in the vault. While in the basement Mr. Bennett tripped an alarm. Mr. Bennett testified that he heard Young ask Mr. Marks where Mr. Bennett was. After that Mr. Bennett reported hearing two more gun shots. Mr. Bennett also heard Young yell down the steps, “Where are you?”

Mr. Bennett remained in the vault until he heard police radios. The bodies of Mr. Bicknese and Mr. Schneider were found in the lobby area of the store and the body of Mr. Marks was found in a hallway leading to the rear of the building. The top of the jewelry counter had been smashed and almost all of the jewelry was gone. There was $576.00 in cash missing from the cash registers as well as the victims wallets.

Mose Young was born in St. Louis. Missouri on December 25, 1955.

Legal Chronology:

On August 27, 1975 Young was arrested in St. Louis City for Possession of Heroin. He pleaded guilty on February 27, 1976 and was sentenced to one year in the city jail.
On June 25, 1981 Young was arrested in St. Louis City for Assault First Degree. He pleaded guilty on April 19, 1982 and was sentenced to six months in the city jail.
On February 9, 1983 Young was arrested for three counts of Capital Murder and Robbery First Degree in St. Louis City. On May 19, 1984 a jury found Young guilty of all three counts of Capital Murder. On July 6, 1984 Young was sentenced to death on each count of Capital Murder.
2/8-Mose Young shoots and kills Sol Marks, Kent Bicknese and James Schneider in a pawn shop in St. Louis.
3/18-Mose Young is charged by information with three counts of capital murder.
5/19-Mose Young is found guilty by a St. Louis City Circuit Court jury of three counts of capital murder.
5/21-The jury recommends the death penalty on each count.
7/6-The court denies a motion for a new trial and sentences Young to three death sentences as recommended by the jury.
7/10-Notice of Appeal filed in the Missouri Supreme Court.
12/17-The convictions and sentences are affirmed by the Missouri Supreme Court
1/15-Motion for a rehearing is denied.
5/5-Certiorari denied by the United States Supreme Court.
7/30-Young files a motion for post-conviction relief.
12/11-The motion for post-conviction relief is denied.
1/5-Notice of appeal of court’s ruling to deny post-conviction relief is filed.
5/16-The denial of the motion for post-conviction relief is denied.
10/30-A petition for habeas corpus is filed in the United States District Court for the Eastern District of Missouri.
4/3-Young files an amended petition for habeas corpus.
5/4-A response to the amended petition is filed.
5/9-A petition for Mandamus is filed seeking to compel a ruling on the petition for habeas corpus.
6/24-The U.S. District Court denies the petitionfor habeas corpus.
10/2-Young files a Notice of Appeal
12/4-The U.S. District Court affirms the conviction and sentence.
1/29-Rehearing by the panel and rehearing en banc denied.
6/28-Certiorari petition filed.
10/4-The United States Supreme Court denies the petition for certiorari. An execution date is requested of the Missouri State Supreme Court.
6/9-The Missouri State Supreme Court sets July 12, 2000 as the date of execution for Mose Young.
7/12-The U. S. Supreme Court grants stay of execution.
3/27-The Missouri Supreme Court sets April 25, 2001 as the date of execution for Mose Young.