Atwood v. State

• Decision Date: 24 September 2020
• Docket Number: No. CR-19-748,CR-19-748
• Citation: 2020 Ark. 283
• Parties: ZACHARY L. ATWOOD APPELLANT v. STATE OF ARKANSAS APPELLEE
• Court: Arkansas Supreme Court

2020 Ark. 283

ZACHARY L. ATWOOD APPELLANT v. STATE OF ARKANSAS APPELLEE

No. CR-19-748

SUPREME COURT OF ARKANSAS

September 24, 2020

APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT

[NO. 23CR-16-504]

HONORABLE CHARLES EDWARD CLAWSON, JR., JUDGE

AFFIRMED.

KAREN R. BAKER, Associate Justice

On February 14, 2019, Zachary L. Atwood was convicted of capital murder by a Faulkner County Circuit Court jury. The circuit court sentenced Atwood to life imprisonment without the possibility of parole. From his conviction and sentence, Atwood presents three issues on appeal: (1) there was insufficient evidence for Atwood's capital-murder conviction; (2) the circuit court abused its discretion by admitting prior bad-act evidence that was not independently relevant and that was unduly prejudicial; and (3) the circuit court erroneously refused to permit Atwood to cross-examine Detective Garlington regarding prior inconsistent statements made by State witness Sunny Michelle Thomas--M.A's mother. We have jurisdiction over this case pursuant to Arkansas Supreme Court Rule 1-2(a)(2). We affirm.

I. Facts

On July 22, 2016, Atwood was charged with one count of first-degree murder in the May 31, 2016 death of three-month-old M.A. On December 11, 2018, the State filed an amended felony information and charged Atwood with capital murder in the death of M.A. The State's theory at trial was that Atwood had killed M.A. in a "meth[amphetamine] fueled rage."

At trial, the State called the following witnesses. First responders and medical personnel testified to receiving notices on May 31, 2016, to go to the Atwood apartment where medical aid was rendered to M.A. Kimberly Glover, a volunteer first responder with the Faulkner County Fire Department, testified that she responded to a 911 call for a nonresponsive three-month-old baby. Glover testified that she arrived at the Atwood apartment and performed CPR until MEMS arrived, but M.A. showed no signs of life. Glover testified that while at the scene, she observed that Michelle was hysterical and crying. She further testified that Atwood acted agitated, consistent with agitation shown by drug users.

Deputy Bobby Lockhard of the Guy Police Department testified that he also responded to the 911 call. He testified that Michelle was hysterical, crying, and emotional. Lockhard also testified that Atwood was "just standing there with a blank stare on his face," and later at the police station Atwood was very agitated, mad and cussing. Lockhard testified that he summoned two county officers to watch Atwood while he talked withMichelle because Atwood was "everywhere all over the place, hollering, screaming and cussing."

MEMS EMT Brian Porter testified that he also responded to the 911 call and that calls regarding deceased babies are unusual. He testified that this particular call was unusual because Atwood showed no emotion and did not seem worried; he "just acted calm, cool and collected," which was unusual with the death of a family member, especially a child.

Alex Jenkins testified that he lived in the apartment adjacent to the Atwood apartment, and the night before M.A.'s death, Jenkins heard arguing and yelling coming from the Atwood apartment. Jenkins further testified that he observed Atwood using methamphetamine in the days prior to M.A.'s death and that Atwood was "angry about everything" when he used methamphetamine.

Deborah Moulton testified that she worked at the Thunderbird gas station in Guy, Arkansas, with Atwood's mother, Vicky Archer. Moulton testified that two days prior to M.A.'s death, she saw M.A. and noticed that he had a little bit of blood in his ears. Moulton further testified that the day before M.A.'s death, Archer and A.A., Archer's granddaughter and Atwood's daughter, came into the Thunderbird. Moulton testified that A.A. asked Moulton to buy her a doll. Moulton testified that after work she found a doll and then went to the Atwood apartment where Archer, M.A., A.A., Michelle, and Atwood resided. Moulton testified that Atwood seemed very agitated, mad, and aggravated and waspacing back and forth, waiting on something; he kept going to the window, looking out for somebody and cussing that they had better get there before he had to go to work.

Mark Mahan with the Faulkner County Coroner's Office testified that he responded to the call regarding the death of three-month-old M.A. at Conway Regional Hospital where he took photos of the infant. Mahan further testified that he then went to Atwood's apartment where the death occurred and took photos of the scene.

Michelle testified that she was married to Atwood but the two had been separated for the previous year, and Atwood was not the father of M.A. Michelle testified that Atwood was aware of this, and the two had reconciled approximately one month prior to M.A.'s death. Michelle testified that two or three days prior to M.A.'s death, she noticed that M.A. was not being himself, that he was fussy and his cry was faint, and he wanted to be held more often. Michelle also testified that she told Atwood about the situation and also explained that M.A. had a bruise on his ear and they needed to take him to the doctor; that Atwood told her "little boys get bruises, that there was nothing to worry about;" that they did not have a car and did not have a way to get to a doctor or a hospital, nor did she have a phone. Michelle further testified that on the night before M.A.'s death, Atwood came home and the two argued; that Atwood was angry because Michelle had allowed their neighbor, Alex, to come over while Atwood was not home; and that during the night of May 30, 2016, she and Atwood had both used methamphetamine. She testified that Atwood had anger issues, but his use of methamphetamine caused his anger issues to escalate, and Atwood became very mean and agitated when he usedmethamphetamine. Michelle further testified that on the morning of May 31,^, 2016, she and Atwood again used methamphetamine and attempted to have sex, but Atwood could not perform. They tried to have sex again, and she heard M.A. cry. Michelle testified that M.A.'s cry sounded like he was hungry and that Atwood told her to "lay there" and he would take care of M.A. Atwood left the room "severely aggravated" because of his inability to perform. Atwood returned approximately ten minutes later, and Michelle asked him if he had washed his hands before he made a bottle because Atwood had injected methamphetamine, and Michelle did not want the methamphetamine on M.A. or in his bottle. The two again attempted to have sex and Atwood was unable to perform. Michelle testified that she then went to shower but prior to showering checked on M.A., and he was asleep on his back. Michelle testified that she was in the shower 15-20 minutes and returned to their bedroom where Atwood remained irritated, and she heard this "god awful scream come from our daughter." Michelle opened their bedroom door and Archer was standing there with M.A., and he was blue and cold. Michelle testified that Archer started CPR on the couch as Michelle "tried to get to Alex's to call 9-1-1. [Atwood] pulled me down in the living room and told me, 'No, just wait, just wait.' And I kind of hit him and I said, 'No, we got to call 9-1-1. We've got to get help. We've got to get help.' I ran out the front door. I fell down. I got back up and I beat on Alex's door screaming at him, 'My baby is dead. My baby is dead. Call 9-1-1.'" Michelle further testified that she and Atwood rode with first responders and they followed the ambulance with M.A. to the hospital. Once at the hospital, the two waited in a room while medical personnel worked on M.A.and Atwood "kept telling me to calm down and sit down they were going to know something was up."

Michelle further testified that after M.A. died, law enforcement called and asked the couple to ride with law enforcement to get the autopsy results. Michelle testified that at that point, they did not know the autopsy results, and Atwood said, "Jeremy, [M.A.'s biological father], is framing me for murder. I'm being framed for murder."

Michelle also testified that in the time leading up to M.A.'s death, she witnessed Atwood holding M.A. by his sleeper like a suitcase or a briefcase, and Atwood would carry M.A. around like that. She testified that she and Archer both told Atwood to "not be doing that because his neck muscles at three months are not completely strong enough to hold up his head. It could hurt him really bad." Finally, regarding Atwood's abuse, Michelle testified that "he would slam me down on the floor. He'd push me around. One time I had injured my leg and was on crutches. He threw my crutches away and make me crawl to get them several times and then he give me a black eye." Michelle further testified that Atwood would wake A.A. up "to see him hurt me. . . . He would tell me it was good that [A.A.] was seeing it. He wanted her to watch." Michelle testified that Atwood was also abusive to his mother, Archer; "he would shove on her, push her around. He threw [Archer] out the back door one day."

Michael Garlington, a homicide detective with the Arkansas State Police, testified that he was assigned to the M.A. case and interviewed Atwood on two occasions. The State introduced the custodial statements Atwood made to Garlington. Garlington interviewedAtwood for the first time on June 2, 2016, after receiving the autopsy results. In the first interview, Garlington told Atwood that M.A. had died from blunt-force trauma to his head. Atwood responded to Garlington that he did not know how M.A. had been injured and that he loved M.A. and would never hurt him. Atwood stated that M.A. had been "real whiny" and spitting up a lot the week prior to his death. Atwood stated that on the day of M.A.'s death, he got up with M.A. around 8:00 a.m., fed him, changed his diaper, burped him, and then put him back in his crib. Atwood stated that he was then folding laundry and could see M.A....