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Plea Agreement Kevin Beindorff

Plea Agreement Kevin Beindorff

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Published by samtlevin
Circuit Attorney's Office
Circuit Attorney's Office

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Published by: samtlevin on Mar 03, 2013
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03/03/2013

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STATE OF MISSOURI )) ssCITY OF ST. LOUIS )IN THE CIRCUIT COURT OF THE CITY OF ST. LOUISSTATE OF MISSOURISTATE OF MISSOURI, ))Plaintiff, ))vs. ) Cause No. 1222-CR01005)KEVIN BEINDORFF, ) Division 13)Defendant. )
STIPULATION AND PLEA AGREEMENT
Comes now the parties pursuant to Missouri Supreme Court Rule 24.02(d) 1 (c) andhereby stipulate and agree that the following facts are relevant for the purpose of plea andsentencing in the above cause, and that the following are the agreements of the parties:
1.
 
THE PARTIES
 The parties to this stipulation and the agreements contained herein are the defendant
KEVINBEINDORFF
, his/her counsel and the State of Missouri, by and through, Assistant CircuitAttorney Melissa Gilliam.
2.
 
T
HE PLEA AGREEMENT
 
In exchange for the defendant’s voluntary plea of guilty in this cause
, the parties agree thatthe following disposition is appropriate:
1.
 
Seven (7) years in the Missouri Department of Corrections.2.
 
Three (3) years in the Missouri Department of Corrections. (to runconcurrent)
By this binding agreement the parties acknowledge that the sentencing agreement set forthand the stipulations set forth led to the guilty plea in this case and that each party has a right torely upon and hold the other party to the agreements and stipulations herein at the time of sentencing. The parties further agree that neither party shall request a different disposition of this matter unless that disposition is addressed in this document or the request is made with theconsent of both parties.
 
3.
 
FACTS
 The parties state that the facts in this case are as follows, and that the State of Missouri would prove these facts beyond a reasonable doubt:On February 21, 2012, the defendant shot and killed Matthew Pellegrini. He put the gun tothe head of Mr. Pellegrini and pulled the trigger shooting him one time in the head.The defendant and the State of Missouri agree that the facts set forth are true and accurate.
4.
 
PENALTIES
 The defendant fully understands that the range of punishment for each count is asfollows:
Count 1: Involuntary Manslaughter 1st Degree
The range punishment for a class C felony isimprisonment in the custody of the Missouri Department of Corrections for a term of years notless than two (2) years and not to exceed seven (7) years; or by imprisonment for a special termnot to exceed one (1) year in the county jail or other authorized penal institution; or by a fine notto exceed five thousand dollars ($5,000); or by both imprisonment and a fine. If money or  property has been gained through the commission of the crime, any fine imposed may be notmore than double the amount of the offender's gain from the commission of the crime up to amaximum of twenty thousand dollars ($20,000).
 
Count 2: ARMED CRIMINAL ACTION
The range of punishment for the offense of ArmedCriminal Action in violation of section 571.015 RSMo. is imprisonment in the custody of theMissouri Department of Corrections for a term of years not less than three (3) years withouteligibility for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three (3) calendar years. The range of punishment for the offense of Armed Criminal Action in violation of section 571.015 RSMo. as a second offense isimprisonment in the custody of the Missouri Department of Corrections for a term of years notless than five (5) years without eligibility for parole, probation, conditional release or suspendedimposition or execution of sentence for a period of five (5) calendar years. The range of  punishment for the offense of Armed Criminal Action in violation of section 571.015 RSMo. asa third offense is imprisonment in the custody of the Missouri Department of Corrections for aterm of years not less than ten (10) years without eligibility for parole, probation, conditionalrelease or suspended imposition or execution of sentence for a period of ten (10) calendar years.Any punishment imposed pursuant to section 571.015 RSMo. shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon.
 
5.
 
THE DEFENDANT’S RIGHTS
 The defendant has been fully advised of his constitutional rights by his attorney, and fullyunderstands that he has an absolute right to plead not guilty to the charges; that he has the right
 
to be tried by a jury; that at such trial he would be presumed innocent and that he has the right torequire the State of Missouri to prove the entire case against him beyond a reasonable doubt; thathe has the right to the assistance of counsel and that counsel will be appointed for him if hecannot afford one himself; that he has the right to confront and cross-examine witnesses againsthim and present witnesses on his behalf; that he has the right not to testify or be compelled toincriminate himself. The defendant fully understands that, by this guilty plea, he expresslywaives all the rights set forth in this paragraph.
Defendant’s attorney has explained these rights to him and the consequences of his waiver of 
those rights. Defendant fully understands that as a result of his guilty plea there will be no trial.
He has discussed the State’s c
ase and all possible defenses and defense witnesses with hiscounsel. His counsel has complied with all requests made by the defendant.
6.
 
NO PROMISE OR INDUCEMENT OUTSIDE THIS DOCUMENT; NO THREATSOR COERCION:
This agreement constitutes the entire agreement between the defendant and the State of Missouri, and no other promises or inducements have been made, directly or indirectlyconcerning any plea to be entered in this case, or the stipulations or agreements found herein. Inaddition the defendant states that no person has, directly or indirectly, threatened or coerced himto do or refrain from doing anything in connection with any aspect of this case, includingentering a plea of guilty.
7.
 
CONSEQUENCES OF FURTHER CRIMINAL CONDUCT BY DEFENDANT OR THE RECEIVING OF ADDITIONAL INFORMATION REGARDING THE
DEFENDANT’S BACKGROUND.
 
The defendant fully understands that, should he engage in any criminal activity between thetime he signs this agreement and the time of plea and/or sentencing, or the State receivesad
ditional information regarding the defendant’s criminal background that was previously
unknown to the State, the State shall be released from any obligation created by this agreement
and from any limits on the State’s power to prosecute the defendant.
 _______________ ____________________________ Date
Defendant’s name
  _______________ _____________________________ Date
Defendant’s counsel
  _______________ _____________________________ Date Melissa Gilliam, # 52326

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