State of Missouri, Respondent, vs. Karla C. Ellis, Appellant.

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onto using a paddle. Ellis told Sergeant she used the paddle the last time she had spanked Child. Ellis denied seeing any bruising from that spanking. When Sergeant asked Ellis whether anyone else might have put the bruises on Child, Ellis suggested that maybe Grandmother could have done so or that Child could have fallen. While at Ellis's home, Sergeant saw the belt and paddle sitting on the kitchen table. Both the belt and paddle had the children's names written on them. The belt was leather and in two pieces. The paddle was a rough plank of wood. When asked about the children's names on the belt and paddle, Ellis told Sergeant "it was so that they knew what it was for." Both the belt and paddle were photographed and taken into evidence. Based on the photographs, physical evidence, and statements, Sergeant determined Child's bruises were caused by the belt and paddle. Sergeant further found that the extent and nature of the bruising would have caused Child pain and indicated child abuse. The State charged Ellis with the class D felony of abuse or neglect of a child, Section 568.060, 1 alleging that in March 2020, Ellis knowingly caused Child to suffer physical injury as a result of abuse by hitting the child with a belt and paddle causing bruising to the child's back and buttocks. The case proceeded to trial, where Ellis testified in her own defense. Ellis denied causing Child's bruising. Ellis testified that she spanked her children regularly with her hand and that there had never been any bruising. The last time Ellis recalled spanking Child was when he "had picked up a decently heavy toy and was getting ready to throw it at [Sister's] head." Ellis was shown the first photograph showing Child's bruising. Ellis agreed that the extent and nature of the bruising appeared to show serious physical injury to Child. When

1 All Section references are to RSMo (2016).