Appeals court upholds Jefferson City man’s assault conviction
JEFFERSON CITY, Mo. (KMIZ)
A Missouri appeals court on Tuesday ruled against a Jefferson City man in his bid to overturn an assault conviction in a deadly 2017 shooting.
The Western District Court of Appeals upheld Dana Day's conviction of second-degree assault in the fatal shooting of Taeveon Fowler after Fowler left a Family Dollar store in downtown Jefferson City.
Day pulled Fowler out of a car and beat him, then shot him as he ran away, according to court records. Day testified that Fowler was abusing and stealing money from his sister, who was driving the car, and that Fowler had a gun.
Day was sentenced to 25 years in prison for first-degree assault and 10 years for second-degree assault. He was acquitted of second-degree murder. He is serving the sentences concurrently at Jefferson City Correctional Center.
Day appealed the second-degree assault conviction, asking the court to vacate that conviction in favor of third-degree assault, a lesser charge. He argued the incident wasn't a crime of passion, which is required for second-degree assault.
The judges upheld the lower court's ruling, writing that Day's argument that the shooting wasn't a crime of passion would have the effect of changing his second-degree assault conviction to first-degree assault.
