Electronically Filed - Cole Circuit - April 21, 2017 - 03:00 PM

IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI

DIVISION IV

STATE OF MISSOURI, )

i
Plaintiff,

Case No. l6AC-CR02868-01
vs.

i
BRANDON JAMES RAPIER,

i
Defendant.

NOTICE OF INTENT TO SEEK THE DEATH PENALTY

COMES NOW, the State of Missouri by Aaron Maness, Assistant Prosecuting Attorney,

that the State

and hereby gives notice to Defendant, pursuant to Section 565.0321, RSMo,

intends to seek the death penalty in this case.

I. The State announced that it intends to prove the following statutory aggravating

circumstance 0r circumstances:

record of
1. The murder in the rst degree was committed by a person with a prior

convictions for serious assaults for the following:

of Assault In the
a. On or about May 6, 2015, defendant pleaded guilty to the felony
number
Second Degree in the Circuit Court of Cole County, Missouri, in case

lSAC-CR00179 for the assault of T.B.

The murder in the rst degree offense was committed while the offender was engaged

homicide. RSMo
in the commission or attempted commission of another unlawful

565.032.2(2).

The murder in the rst degree was outrageously or wantonly vile, horrible, or
.

inhuman in that it involved torture or depravity of mind. RSMo 565.032.2(7).

. The murdered individual was a witness or potential witness in any past or pending

killed as a result of his or her

investigation or past or pending prosecution, and was

status as a witness or potential witness. RSMO 565.032.2(12)

 Electronically Filed - Cole Circuit - April 21, 2017 - 03:00 PM
II. The State announces further that it intends to prove the following non-statutory

aggravating circumstances during the penalty phase of the trial by authority of

Section 565.0321, RSMo and State v. Debler, 856 S.W.2d 641 (Mo. 1993):

l. The murder in the rst degree was committed by a person on parole.

2. On or about August 5, 2013, defendant was convicted of the crime of assault in the

Municipal Court of Jefferson City, Missouri, case number 091866353.

3. Between on or about November 3, 2016 and November 10, 2016, defendant

committed the crime of violation of an order of protection in that an ex-parte order of

protection was led and served on defendant and defendant violated the ex-parte order

of protection by communicating with C.K., entering upon the premises of C.K., and

coming within 100 feet of CK.

4. Between on or about October 24, 2016 and November 10, 2016, defendant committed

the crime of violation of an order of protection in that an ex-parte order of protection

was led and served on defendant and defendant violated the ex-parte order of

feet of
protection by entering upon the premises of M.H., and coming within 100

M.H..

Respectfully submitted,

1151M a-
AaroiM. Maness #63666
A istant Prosecuting Attorney
311 E. High Street, 3"1 F1er
Jefferson City, Missouri 65101
Phone: 573-634-9180

CERTIFICATE OF SERVICE
19th
A true and correct copy of this document is being led electronically with the
Judicial Circuit Clerks Ofce. The defense counsel is served through the electronic ling

system to Thomas J. Kirsch, Ofce of Public Defender, 210 Adams Street, Jefferson City, MO
65101 , attorney for defendant, on the A day of April, 2017.

ALI/(10L
Maness #63666
@nM.