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Evan is a Missouri resident and works for Redthumb Corporation as a landscaper. Redthumb is a landscaping company based out of Chesterfield, Missouri. On

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Evan is a Missouri resident and works for "Redthumb Corporation" as a landscaper. Redthumb is a landscaping company based out of Chesterfield, Missouri. On a freezing cloudy day in February, Evan's supervisor directed Evan to Moody Park in Fairview Heights, Illinois. Once there, he was required to plant a row of trees along a property line between the park and some newly developed residential homes. The supervisor indicated somebody had professionally surveyed the property line a few days prior. The surveyors had marked the boundary line with large, three-foot-tall orange stakes and some spraypaint. Evan arrived at Moody Park and located the orange property line markers. He fired up his skid- steer and started to dig large holes indiscriminately. As Evan was digging the holes, a nearby homeowner, who Evan later learned was named Ashley, ran out her home's back door, and began frantically yelling and cursing at Evan. Evan turned off the skid-steer and got out of the cab to talk with Ashley. As he stood there and listened, he realized Ashley was furious that he was digging holes in what she believes is her backyard, although he thought he was digging holes in the park side of the property. Evan, confused by the raw display of anger and vitriol and being pretty sure that he was on park property, did not move. Instead, he yelled back to Ashley that he was on park property and that she was more than welcome to call the cops if she thought he was trespassing. Evan's comments caused Ashley to fly further into a rage. She rapidly approached Evan and came within 12 inches of him without putting on a mask, and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily pretty level-headed but worried about carrying COVID-19 back to his immune- compromised mother, became enraged. In a moment of anger, he grabbed a hammer from his utility belt and swung it at Ashley's head. Because Evan's action was unexpected, Ashley had no time to react, and the hammer hit her in the side of the head. The impact caused her to fall unconscious to the ground. At that moment, Ashley's husband came out the back door and saw Evan standing over Ashley's unconscious body.

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