Attorney General's News Release

May 28, 1996

Appeals court upholds conviction of man who shot state highway trooper in Cooper County

Jefferson City, Mo. — The Missouri Court of Appeals for the Western District last week upheld the conviction of Horacio T. Lee, who was convicted of the July 1994 shooting of Corporal Robert Hayes of the Missouri State Highway Patrol. The office of Attorney General Jay Nixon had argued in support of Lee's conviction and sentence.

Lee shot Hayes several times after the trooper pulled over the vehicle Lee was riding in along I-70 in Cooper County. Hayes, who was wearing a bulletproof vest, was seriously wounded but survived the attack.

Lee was convicted in April 1995 by a jury in Pettis County of first degree attempted murder, assault on a law enforcement officer, unlawful use of a weapon and armed criminal action. He received two concurrent life sentences to run consecutively to concurrent terms of 30 and 10 years.

The case was tried in Pettis County on a change of venue from Cooper County.

Lee had argued to the appeals court that the trial court had erred in its jury instruction regarding mental disease or defect, that the trial court should not have allowed testimony from witnesses for both the prosecution and defense regarding the issue of lack of criminal responsibility, and that Lee's trial counsel had been ineffective. The appeals court rejected Lee's appeal on all three grounds.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818