Jefferson City man appeals death sentence for 2009 murder

1 month 3 weeks 6 days ago Tuesday, April 23 2019 Apr 23, 2019 Tuesday, April 23, 2019 9:48:00 AM CDT April 23, 2019 in News
By: Sydney Kalich, KOMU 8 Reporter
loading

JEFFERSON CITY - A Jefferson City man facing the death penalty for the murder of his ex-lover appealed his sentence before the Missouri Supreme Court on Tuesday.

"Hail Marys are all they've got in this case because of the overwhelming evidence of guilt," said the state's attorney, Greg Barnes, in regards to the appeal. 

David Hosier was convicted in 2013 for shooting Angela Gilpin four years earlier. He was also charged in the murder of Angela's husband, Rodney Gilpin, but wasn't convicted in that crime.

Hosier's attorney, Amy Bartholow called the evidence in the case "circumstantial" with "no eyewitnesess, no confession, no DNA, no fingerprints." 

The jury suggested the death penalty because of "aggravating factors" in the murder and the judge later agreed in 2013.

Court documents stated Rodney and Angela Gilpin were estranged, but trying to make amends at the time of their deaths. During their separation, Hosier and Angela were in a relationship, but Angela had been trying to end the relationship for two months. At the time of her death, she also had filed an order of protection against Hosier. 

Hosier and his lawyer appealed the punishment phase of his sentencing by arguing he had inefficient counsel at his original trial, and that his mental health was not taken into consideration in the original trial.

Bartholow emphasized a 2007 stroke suffered by Hosier which she says affected his brain and increased his depression, leading him to commit the murders.  

"It shows that David's brain is dead in places, it is significantly damaged," said Bartholow. "That stroke had an effect on making his depressive symptoms that much worse." 

Barnes refutes the claim, saying the previous lawyer had Hosier's family members testify about his mental health. He also cited other events prior to 2007 that demonstrate Hosier's violent tendencies prior to his stroke.

"It [the stroke] didn't explain the 1986 assault on his wife, or his threat to kill multiple law enforcement officers," said Barnes. "Or to kidnap his kids and take them to Mexico during this time."

Another point of contention was the reveal of Hosier's past felony and how it affected the jury's decision, in particular, the assault of his first wife. Bartholow said Hosier's previous lawyer revealed his felon past to the jury, which led them to suggest the death penalty.

"That exact conviction was used as an aggravator in penalty and counsel was the one...that allowed that to come in during the guilt phase," Bartholow said.

However, the court said it was more beneficial for Hosier to introduce his past during the guilt phase rather than the punishment phase so it wouldn't surprise jurors.

Barnes argued Hosier had a long criminal history and the original attorney revealed the least amount possible as to not affect the jury's opinion of Hosier. Barnes added the jury only had access to one paragraph which said he assaulted someone to the point of a concussion.

"That's all the jury knew, that he caused a victim a concussion," Barnes said. "They didn't know it was a domestic partner."  

Hosier is one of 25 on death row according to the NAACP. The court has not announced when they plan on deciding on the appeal. 

More News

Grid
List
FULTON – A unique camp is being held this week in Fulton for kids with disabilities. The iCan Bike... More >>
2 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 10:42:00 PM CDT June 19, 2019 in News
JEFFERSON CITY - The main runway at the Jefferson City Memorial Airport is ready for planes again, according to Public... More >>
6 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 6:01:00 PM CDT June 19, 2019 in News
LAURIE - Cleanup is underway at the Westlake Aquatic Center after a 93-year-old woman crashed through the building and into... More >>
7 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 5:05:00 PM CDT June 19, 2019 in News
COLUMBIA - PedNet Coalition will host a community bike ride memorial service in honor of the late Darwin Hindman on... More >>
7 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 4:44:00 PM CDT June 19, 2019 in News
FULTON - Former Secretary of State Madeleine Albright will lecture at Weminster College in the fall. Her presentation will... More >>
9 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 3:11:00 PM CDT June 19, 2019 in News
COLUMBIA - Cooper's Landing is projected to partially reopen in time to celebrate July 4th. Flood clean up efforts are... More >>
11 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 1:28:00 PM CDT June 19, 2019 in News
ST. LOUIS (AP) — A suburban St. Louis man is accused of threatening to shoot and kill "every gay person"... More >>
13 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 10:45:00 AM CDT June 19, 2019 in News
BENTON, Mo. (AP) — A southeast Missouri sheriff has fired a deputy who is running against him for sheriff next... More >>
14 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 10:36:14 AM CDT June 19, 2019 in News
SEDALIA, Mo. (AP) — A 29-year-old Missouri man has been sentenced in the stabbing death of a woman in Sedalia.... More >>
16 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 8:17:00 AM CDT June 19, 2019 in News
ST. LOUIS (AP) — Authorities say a woman was trapped in a St. Louis jail stairwell for more than two... More >>
16 hours ago Wednesday, June 19 2019 Jun 19, 2019 Wednesday, June 19, 2019 8:04:46 AM CDT June 19, 2019 in News
BRUNSWICK - SEMA returned to Brunswick today to continue its training for flood damage assessment. KOMU spoke with multiple... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 11:48:00 PM CDT June 18, 2019 in News
HOLTS SUMMIT - Chris Redel is the new Ward 2 Alderman for Holts Summit. The initial election took place... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 11:26:00 PM CDT June 18, 2019 in News
JEFFERSON CITY - Police have taken one suspect into custody following a manhunt near Boonville Road and are still searching... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 11:00:00 PM CDT June 18, 2019 in News
MID-MISSOURI - One child, 11 months old, died in Calverton Park, near St. Louis, on June 2, 2019. The temperature... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 10:07:00 PM CDT June 18, 2019 in Weather
CAMDENTON - The cause of a house fire is under investigation after crews battled flames in Camdenton Tuesday morning. ... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 8:52:00 PM CDT June 18, 2019 in News
COLUMBIA - A cash reward has been increased for anyone with information on an injured three-month-old pit bull in St.... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 7:13:00 PM CDT June 18, 2019 in News
COLUMBIA - A research summit on disaster relief and recovery comes at a "fortuitous time," according to one of the... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 6:17:00 PM CDT June 18, 2019 in News
KANSAS CITY - Police are searching for two people after discovering graffiti on the National World War I Museum and... More >>
1 day ago Tuesday, June 18 2019 Jun 18, 2019 Tuesday, June 18, 2019 5:25:00 PM CDT June 18, 2019 in News
Columbia, MO
Broken Clouds 67°
1am 67°
2am 66°
3am 65°
4am 65°