Appellate court upholds conviction of Quapaw man for armed theft at Seneca store

The Missouri Southern District Court of Appeals today rejected a Quapaw, Oklahoma man's attempt to have his conviction on a felony stealing charge tossed.

Judge Joe Schoeberl sentenced Leighton Quapaw, 26, to seven years in prison April 17, 2020 after a Newton County jury found Quapaw guilty following a one-day trial February 27.

The appellate panel rejected Quapaw's claim that the evidence presented at the trial was insufficient to convict him.

From the opinion:

In May 2018, Victim was working in Seneca as a cashier on the overnight shift at Big Daddy’s C-Store. Defendant attempted to buy a six-pack of beer and some cigars, but he left the store without them when his credit card was denied. 

Ten minutes later, Defendant returned with a knife in his hand. Defendant approached Victim with the knife, and he said, “Give me all your money[.]” 

Defendant tried to stab Victim in the stomach, but she grabbed his arm and told him, “Kid, this is something you don’t want to do.” 

Defendant replied, “Give me 20 bucks and I’ll go away.” 

As Defendant was backing Victim toward the cash register, she reached behind her and hit the register’s “drawer[-]open” button. Victim grabbed $20 from the drawer and handed it to Defendant. 

Cash in hand, Defendant ran out of the store and drove away. The State charged, and then attempted to prove, that Defendant was guilty of first degree robbery and armed criminal action. The jury acquitted Defendant of those charges, but it found him guilty of the lesser-included offense of stealing. 

Because the jury found that Defendant had “physically take[n]” the money from Victim, the offense was punishable as a class-D felony. 

Defendant’s sole point on appeal claims the evidence at trial was insufficient to prove that he “physically” took the money from Victim because she had handed it to him. 

We disagree.