A Bois D’ Arc man who admitted to firing a shotgun at an 82-year old woman in 2021 was sentenced to 10 years in a Missouri prison on Tuesday, May 7.
Steven Burgess, 36, was arrested on Feb. 18, 2021, when Greene County sheriff's deputies responded to a report of a domestic disturbance on West Farm Road 124.
Burgess was originally charged with the class A felony of first-degree assault causing serious physical injury, the class B felony of first-degree assault, the unclassified felony of armed criminal action and two counts of the class E felony of unlawful use of a weapon.
As part of a plea agreement, Greene County prosecutors amended the class B felony of first-degree assault to a class D felony of second-degree assault, which carries a lesser prison sentence by state law.
Assistant Prosecuting Attorney Connor Harris asked for a prison sentence of 15 years.
Burgess’ defense attorney, Teresa Grantham, asked Burgess be sentenced to successfully complete a 120-day treatment program in a Missouri Department of Corrections facility, followed by a court-ordered 20-month program called New Life — a faith-based recovery program in Cabool.
Grantham pointed out to Greene County Circuit Judge Judge Kaiti Greenwade that half of the courtroom Tuesday was filled with Burgess’ family. They were there to show support for Burgess. Grantham said she knows Greenwade often has defendants who ask to be placed on probation but don’t have a “community” to support them like Burgess does.
Harris took issue with Grantham's statement, saying he understands and appreciates the “unconditional love” families may have for defendants. But just because a defendant has a supportive family doesn’t mean they shouldn’t be held responsible for their actions, Harris said.
“(Burgess) had that support system prior to Feb. 18, 2021,” Harris said. “And we are still here today.”
Greenewade denied Grantham’s request to order Burgess to complete the New Life program, but told Burgess she hopes he considers completing it on his own — when he gets out of prison.
Greenwade gave Burgess credit for time served in jail, which is about three years.
What happened back in 2021?
According to court documents, responding deputies found Burgess in the front yard of the home with a gunshot wound to his chest and his hand on a .308 rifle. Burgess was taken into custody and received medical attention.
The then-82-year-old victim was found inside the home with severe trauma to her face and her eye was completely swollen shut. She was transported to a hospital for treatment and given a CT scan. While at the hospital, she told deputies Burgess, who she lived with, became angry and assaulted her.
The victim told deputies Burgess took her walker away from her and she fell to the ground. Her two great-grandsons came to her defense, but the boys quickly ran from the house because Burgess retrieved a shotgun.
Burgess then struck the 82-year-old victim in the face with her walker and pointed the shotgun at her. The victim said the gun was so close to her, she was able to push the gun away.
Harris, the prosecutor, said in court that the great-grandmother believed her life was over at that moment and “went to praise the Lord one more time and raised her hand” — which moved the gun away just as Burgess pulled the trigger.
Projectile from the shotgun seemed to just miss the victim and went above her head, according to the probable cause statement.
Burgess then took a rifle outside, where he approached his wife and two children. They had fled to a car that was stuck in the snow in the driveway.
According to the probable cause statement, Burgess pointed the gun at the car, and then his wife pulled out her own gun and shot Burgess once in the chest. His wife and two children then ran to a neighbor’s house to wait for law enforcement agents to arrive.
When he was interviewed by sheriff's deputies at the hospital, Burgess told them he was drunk and couldn’t remember much about what happened, except that he had fired the gun.
At the sentencing hearing May 7, Harris explained what set off Burgess’ rage that day in 2021. Burgess had been drinking heavily, Harris said, and his then-11-year-old son cracked a joke — something along the lines of his dad drinking as much as a fish.
“That joke is what set the defendant off on a violent rampage,” Harris said, adding that one of Burgess’ sons described Burgess’ voice that day as “demonic.”
Defendant’s wife, also his victim, spoke at hearing
Burgess’ wife spoke briefly at the sentencing hearing, sharing with Judge Greenwade about what it was like being married to Burgess for 14 years. She described Burgess as being like “two different people.”
Burgess could be kind, she said, and he could also be violent. She spoke about how difficult it is to be in love with someone while “desperately hoping for change.”
She told the judge she had prayed “long and hard” about what to say at the sentencing hearing. She said she also prayed for the judge.
“Yours is a job I do not envy,” Burgess’ wife — and victim — told the judge. “May the Lord guide us all.”
“Thank you,” Judge Greenwade replied.
