The Joplin Globe, Joplin, MO

Local News

November 21, 2013

Self-defense claim made in Anderson stabbing death

PINEVILLE, Mo. — Boyd Marcum returned to the scene as Kevin Anderson was bleeding from the fatal stab wound to his chest, an Anderson police officer testified Thursday at Marcum’s preliminary hearing on a murder charge.

Marcum, 30, was waving his arms and urgently trying to convey something to Officer Seth Daniels as they met down the block from where Anderson, 29, lay dying despite the efforts of emergency medical technicians the night of Sept. 30.

“I did it! It was me! I did it!” Marcum was telling him, Daniels recalled at the hearing in McDonald County Circuit Court.

Not only did Marcum admit his involvement and give himself up, he also handed over the pocketknife with which he acknowledged he had stabbed the victim, Daniels told the court.

The officer’s testimony was sufficient to persuade Associate Judge John LePage to order the defendant bound over for trial on a count of second-degree murder. But it also made clear that Marcum has a claim of self-defense to make to any jury that hears the case.

Daniels testified that he placed Marcum under arrest that night and had him transported to jail. He said the defendant told him that he, his wife and their baby had been staying with their friends Megan Banks and Craig Ruble in the other couple’s home at 508 Fourth St. in Anderson. The couple were helping them get back on their feet.

Anderson, another acquaintance of the couple, had shown up there the previous night. The officer testified that Marcum told him that Banks and Ruble did not really want Anderson, who lived outside of town, staying there, but he wasn’t leaving.

The night in question, Anderson reportedly became intoxicated and began hitting on another woman outside the house. She was getting annoyed, and Marcum suggested that she come inside to get away from Anderson. Marcum told Daniels that when Anderson entered the living room, they got into a dispute that quickly turned physical. Anderson grabbed him by the throat, Marcum reportedly told the officer.

“He had him by the windpipe here,” Daniels said, putting a hand to his own throat to demonstrate, “and he said it just got to the point where he couldn’t breathe.”

Anderson had him down on the floor and was on top of him, pinning Marcum’s left arm with his right hand while choking him with his left hand, the officer recounted. He said Marcum told him that while he was being choked, he pulled his pocketknife out with his free hand and stabbed Anderson just once in the left side of his chest.

“I didn’t mean to hurt him as bad as I did,” Marcum told him, Daniels testified.

After being stabbed, Anderson left the house and walked down the street, in an apparent effort to get help, and collapsed on the porch of a house at 501 Fourth St., where emergency responders found him. He died before he could be taken to a hospital.

Public defender Marshall Miller asked Daniels on cross-examination if he observed any marks on the defendant’s throat that corroborated his account of having been choked.

“Yeah, he had pretty obvious fingerprints it looked like to me,” the officer said.

Marcum acknowledged having consumed some alcohol himself but did not appear to be intoxicated, Daniels said. Prosecutor Jonathan Pierce entered the results of the breath tests of the defendant into evidence through redirect examination of Daniels. The officer testified that the highest blood-alcohol content detected that night in the defendant was .024 percent, well below the legal threshold of 0.08 percent for driving in the state of Missouri.



Intoxication

TOXICOLOGY TESTS were part of an autopsy on stabbing victim Kevin Anderson. But the results of those tests with respect to his alleged level of intoxication the night of his death were not presented at the preliminary hearing of defendant Boyd Marcum.

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