Bench trial in Stone County returns guilty verdict in 2019 assault

By Kyle Troutman [email protected]

A Cassville man has been found guilty of child molestation in a bench trial held Thursday in Stone County Circuit Court.

Circuit Judge Alan Blankenship found Anthony Sizemore, born 1988, of Cassville, guilty of third-degree child molestation, a Class C felony.

According to a probable cause statement filed on Sept. 3, 2024, by Det. Abby Parsons, with the Barry County Sheriff’s Office, on July 9, 2024, Parsons took a report for a sexual assault that occurred in 2019 at a residence in Barry County.

The victim disclosed that Sizemore sexually assaulted her with his fingers while she was lying in bed. During a forensic interview in 2019, the victim disclosed Sizemore had placed his hand inside her vagina. At the time of the incident, the victim was under the age of 14.

On Jan. 1, 2020, Sizemore was interviewed by an investigator with the Children’s Division, stating he was just wrestling and playing around like any other time.

Sizemore said he did not know if the victim was asleep at this point, but he picked her up by her neck and leg, and his hand on her leg had slid down and he hit her in the vagina by accident.

Sizemore said the victim looked at him and that he could tell he had hurt her by the look on her face. He said it became awkward and uncomfortable, so he walked out of the room.

On Aug. 15, 2024, Parsons spoke to Sizemore, who stated he would need to speak with his attorney. On Aug. 19, 2024, Sizemore advised Parsons that his attorney advised him he had already given a statement.

Parsons noted in the probable cause statement that Sizemore poses a danger to the victim, community or any other person due to the nature of the crime and the victim being a child.

On March 11, the case came for a bench trial in Blankenship’s courtroom. The state was represented by Barry County Prosecuting Attorney Amy Boxx, and the defendant appeared in person, and with counsel, Taylon Sumners-Schwartz. The state and defense each made opening statements, and the state presented evidence and rested. 

The defendant filed a motion of acquittal at the close of state’s evidence, which was denied by the court. The case was then adjourned for the day and resumed on Thursday. 

The defendant presented evidence and rested, and the state presented no rebuttal evidence. The defendant moved for judgment of acquittal at the close of all evidence, and that motion was to be taken up with the case during the court’s deliberation. 

The state  and defense made their closing arguments, and the case was deemed submitted. The court, after reflecting on the evidence presented and arguments of counsel, denied the motion for judgment of acquittal at the close of all evidence. 

“The court is mindful of the weighty nature of its decision, and is mindful of the burden of proof instructions it gives to juries regarding the beyond a reasonable doubt standard,” Blankenship wrote in the ruling. “The state bears the burden of proof, including the burden of persuasion beyond a reasonable doubt. Applying that standard to the evidence presented in this case, and the court’s assessment of the credibility of the witnesses’ testimony and evidence, finds the defendant guilty beyond a reasonable doubt.”

The case is now set for post-trial motions on April 10 at 10:45 a.m. The court orders a sentencing assessment report prepared and filed by May 11, and the case is set for a sentencing hearing on May 15 at 11 a.m.

Pending sentencing, Sizemore will remain on his 10% bond of $2,500, paid Oct. 9, 2024.

In Missouri, a Class C felony is punishable by a prison sentence ranging from 3-10 years in the Department of Corrections. Courts may also impose a fine of up to $10,000.