State of Missouri vs. Darron D. Ross-Garner

STATE OF MISSOURI, ) ) Respondent, ) WD87368 ) V. ) OPINION FILED: ) JANUARY 20, 2026 DARRON D. ROSS-GARNER, ) ) Appellant. )

Appeal from the Circuit Court of Jackson County, Missouri The Honorable Bryan Round, Judge

Before Division One: Janet Sutton, Presiding Judge, Gary D. Witt, Judge and W. Douglas Thomson, Judge

Darron Ross-Garner appeals the judgment of the circuit court of Jackson County, Missouri ("trial court"), convicting him, following a jury trial, of one count of unlawful use of a weapon, section 571.030, 1 one count of second-degree domestic assault, section 565.072, and one count of armed criminal action, section 571.015. Ross-Garner was sentenced to a total of twenty-five years. 2

1 All statutory references are to the Revised Statutes of Missouri (2016) as currently updated by supplement unless otherwise noted. 2 Ross-Garner received fifteen years imprisonment for unlawful use of a weapon, seven years imprisonment for second-degree domestic assault, and ten years for armed criminal action. The sentences for unlawful use of a weapon and domestic assault were to run concurrently; the sentence for armed criminal action was to run consecutively.

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On appeal, Ross-Garner claims that: (1) the trial court plainly erred in failing to declare a mistrial or issue a curative instruction sua sponte when the prosecutor's closing argument referenced violence documented in an October 2021 police report; (2) the prosecution engaged in misconduct by making an improper closing argument that included reference to the October 2021 police report; and (3) the trial court abused its discretion in denying Ross-Garner's request for a mistrial after the Victim voluntarily testified that Ross-Garner had a probation officer. We affirm the sentence and judgment of the trial court. Factual and Procedural Background The facts, in the light most favorable to the verdict, are as follows. Ross-Garner and "Victim" 3 had been dating for about five years. 4 On the morning of April 15, 2023, Ross-Garner and Victim were asleep in bed when Ross-Garner received a text message and phone call from another woman Ross-Garner was also dating ("Girlfriend"). Victim answered Ross-Garner's phone and Girlfriend told Victim that she and Ross-Garner were dating and that Girlfriend was pregnant. After the phone call, Victim and Ross-Garner "got into an argument" that led to a fight. The next evening, Ross-Garner called Victim and asked to talk in person. Ross- Garner sent Victim an address at which he wanted them to meet; 5 she arrived at the

3 Pursuant to Missouri Supreme Court Operating Rule 2.02(c)(3), we do not list the names of individuals and witnesses other than parties. 4 Victim and Ross-Garner were "going through a break-up" at the time of the shooting. 5 Victim testified that Ross-Garner frequently asked Victim to meet him at unknown addresses. "When he wanted to talk to me and he wasn't at home, he would tell

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address around 9:30 p.m. As Victim pulled up to the duplex, she saw Ross-Garner's car parked in the driveway. Victim parked in front of the house with the driver's side of her vehicle facing the house. When Victim arrived, Girlfriend came outside. 6 Victim rolled down the driver's side window and asked Girlfriend if Ross-Garner was there. Girlfriend told Victim that Ross-Garner was not there; Girlfriend then returned to the house and closed the door. Victim then got out of her vehicle and began walking around her car while waiting for Ross-Garner. As she turned to get back into her car, Ross-Garner exited the residence, raised a gun and began shooting at Victim. 7 After one of the bullets hit Victim in the shoulder, she got back into her car and drove to Truman Medical Center (now University Health) emergency room. Ross-Garner continued shooting at her as she drove away. On the way to the emergency room, Victim called her daughter and told her that Ross-Garner had shot her. Feeling like she might pass out, Victim was speeding on the way to the emergency room; soon she had a police car following her. When she arrived at the emergency room, the KCPD police detective ("Detective") driving the police car met Victim as she exited her car. Detective observed an apparent gunshot wound on Victim's upper left shoulder. Victim told Detective that Ross-Garner had shot her and gave him the address.

me to meet him at a[n] address or meet him at the gas station. So it was always different places." 6 At some point, Victim learned that the residence belonged to Girlfriend. 7 Victim testified that Ross-Garner fired approximately eight bullets at Victim.

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Detective later collected Victim's bloody clothing. As part of the investigation, Victim's car was searched. No firearms, weapons, bullet fragments, or shell casings were recovered during the search) but there was fresh blood on the steering wheel and two fresh bullet-shaped indentations on the trunk of the car. 8

A second KCPD detective ("Detective 2") responded to the Girlfriend's address following a "Shot Spotter" call the night of the shooting. Four shell casings were recovered on or near the porch of the residence. No DNA was recovered from the shell casings, and no evidence connected the shell casings to a specific weapon. Detective 2 testified that when multiple shell casings are found that close together, the bullets likely were fired from the same gun around the same time. Detective 2 also testified that shootings do occur in Girlfriend's neighborhood, although Girlfriend's specific residence had no previous history of shootings. No witnesses saw the actual shooting, but two unidentified witnesses told Detective 2 that they heard gunshots. Ross-Garner was apprehended several days later. His vehicle was towed and searched; no weapons were found. The trial began on June 17, 2024. At trial, during direct examination, when Victim was asked how long she had dated Ross-Garner, Victim stated, "[W]e met in 2017. And then [Ross-Garner] went to jail in 2018." Defense counsel objected that information about Ross-Garner's previous criminal sentence was prejudicial. The trial court overruled the objection on the basis

8 Both detectives testified that the indentations were consistent with a dent from a bullet. Neither detective could testify as to exactly where the bullet came from or the exact time or date of the damage. Both officers agreed that the indentations were new because there was no rust, dirt, debris, or weathering around the indentations.

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that one of the counts charged was unlawful possession of a firearm by a felon; 9 the trial court then instructed counsel to move on. As direct examination continued, Victim was asked if the April 2023 shooting was the first time she made a police report involving Ross-Garner. Victim replied, "No." Defense counsel renewed her previous objection that the prior report was prejudicial, and the trial court instructed State's counsel to avoid asking anything about the reason Victim filed the earlier report. Victim did go on to testify, without objection, that she filed a police report in October 2021. Nothing was said about the reason why she filed the report. Victim also testified that Ross-Garner was abusive during their relationship, he "had been telling me that he was going to kill me," and he had "been kicking my ass left and right." During cross-examination, defense counsel asked Victim if she had "reported to law enforcement [] information to get [Ross-Garner] into trouble." Victim responded, "I've told what to who?" When defense counsel repeated, "[t]old law enforcement," Victim replied, "I didn't tell no law enforcement. Are you talking about when I told [Ross-Garner's] probation officer?" Defense counsel then asked to approach the bench and, out of hearing of the jury, moved for a mistrial on the basis that Victim was improperly bringing in past convictions by mentioning Ross-Garner had a parole officer. Ultimately, the trial court overruled the motion for mistrial and noted both that 1) it

9 The trial court dismissed the unlawful possession of a firearm by a felon charge because the State failed to prove Ross-Garner had a prior felony conviction prior to resting its case.

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wasn't unreasonable to consider probation officers to be law enforcement, and 2) defense counsel "can ask these questions if you want, but you might not get the answers you want the jury to hear and it is a fine line." Defense counsel did not ask for a curative instruction. Finally, during closing, defense counsel made no objection when the State referred to the 2021 police report and stated that the Victim had "experienced violence at [Ross-Garner's] hands." The jury found Ross-Garner guilty of unlawful use of a weapon, second-degree domestic assault, and armed criminal action. Ross-Garner's post-trial Motion for Judgment of Acquittal or, in the alternative, Motion for New Trial was denied. Ross- Garner also filed, pro se, a Motion for Dismissal and a Motion For Retrial Due to Error, Mistake, and Inadvertence of the Court, Directed Verdict. That motion was also denied. He was sentenced to a total combined sentence of twenty-five years. 10

I. Plain Error in Failing to Declare a Mistrial Sua Sponte.

Standard of Review To preserve an issue for appeal, an objection stating the grounds must be made at trial, reiterated in a motion for new trial, and carried forward in the brief on appeal. State v. Culpepper, 505 S.W.3d 819, 831 (Mo. App. S.D. 2016). When no such objection is made, plain error review applies. State v. Johnson, 284 S.W.3d 561, 582 (Mo. banc 2009). Ross-Garner concedes that the claim alleged in Point I was not objected to at trial

10 Supra, note 2.

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or raised in the motion for new trial. Accordingly, Point I was not preserved and is only reviewable, if at all, for plain error. Plain error review is a two-step process. State v. Boyd, 659 S.W.3d 914, 926 (Mo. banc 2023). Step one requires this Court to determine whether the claim of error was "facially evident, obvious, and clear." State v. Wood, 580 S.W.3d 566, 579 (Mo. banc 2019) (citation modified). In this Court's discretion, and only if this Court finds evident, obvious, and clear error occurred, does the Court then consider "whether or not a miscarriage of justice or manifest injustice will occur if the error is left uncorrected." State v. Mullins, 140 S.W.3d 64, 68 (Mo. App. W.D. 2004) (citing Rule 30.20 11 ) (citation modified). A conviction involving plain error in closing argument will be reversed only when "it is established that the argument had a decisive effect on the outcome of the trial and amounts to manifest injustice." State v. Edwards, 116 S.W.3d 511, 536-37 (Mo. banc 2003). Statements made in closing argument rarely constitute reversible plain error (Wood, 580 S.W.3d at 579) because, without an objection and request for relief, "the trial court's options are narrowed to uninvited interference with summation and a corresponding increase of error by such intervention." State v. Blue, 655 S.W.3d 396, 400 (Mo. App. E.D. 2022) (citation modified). As this Court previously stated, "trial judges are not expected to assist counsel in trying cases, and trial judges should act sua sponte only in exceptional circumstances." State v. Barker, 410 S.W.3d 225, 235 (Mo.

11 Rule references are to the Missouri Supreme Court Rules (2024), the version app