Frazier v. State, CR-13-735

• Decision Date: 19 March 2014
• Docket Number: No. CR-13-735,CR-13-735
• Citation: Frazier v. State, 2014 Ark. App. 191, No. CR-13-735 (Ark. App. Mar 19, 2014)
• Parties: CORIE RODRIGUS FRAZIER APPELLANT v. STATE OF ARKANSAS APPELLEE
• Court: Arkansas Court of Appeals

2014 Ark. App. 191

CORIE RODRIGUS FRAZIER APPELLANT v. STATE OF ARKANSAS APPELLEE

No. CR-13-735

ARKANSAS COURT OF APPEALS DIVISION IV

Opinion Delivered March 19, 2014

APPEAL FROM THE UNION

COUNTY CIRCUIT COURT

[NO. CR-2012-371-1]

HONORABLE HAMILTON H.

SINGLETON, JUDGE

AFFIRMED

BRANDON J. HARRISON, Judge

Corie Frazier appeals his conviction for aggravated assault and argues that the court erred in denying his motion for directed verdict on that charge. We find no error and affirm.

In a criminal information filed in August 2012, Frazier was charged with first-degree attempted murder, committing a terroristic act, three counts of aggravated assault, and possession of a firearm by certain persons. At a jury trial held in April 2013, the State introduced evidence that, on 19 July 2012, Frazier and his friend Mark Watts were involved in an argument over money owed to Frazier by Watts. This disagreement resulted in Frazier shooting Watts five times using a handgun. Frazier's sole challenge on appeal relates to his conviction for the aggravated assault of Sharon Watts, Mark Watts's wife, so only testimony pertinent to that point on appeal is discussed below.

Sharon Watts testified that, on 19 July 2012, she was employed as a live-in CNA, and she and her husband, Mark, were living in Mildred Gillespie's home. Sharon testified that shehad known Frazier for several years because he and her husband were friends. She explained that on June 19, Frazier came to Ms. Gillespie's home several times. The first time, she explained, he and her husband had a verbal argument, and when it started getting loud, she intervened and said, "y'all going to have to leave." She understood that the argument was about money, that her husband owed Frazier money, and she felt it was "strongly drug related." She stated that before Frazier left, he said that he was going to come back and "shoot up the place" and that he was "going to be on the front page for mercing your bitch ass."¹

According to Sharon, Frazier came back to the house approximately thirty minutes later. She went outside to speak to Frazier and again asked him to leave. Frazier told her that it was not about the money, it was "about the principles," and that her husband was disrespectful. Mark then came out of the house and approached Frazier's vehicle, and Sharon observed Frazier reach under his seat and retrieve a gun. She yelled at Mark to run, and Frazier got out of his vehicle and ran behind Mark. Shots were fired, and Sharon saw Mark fall. Frazier then left the front yard, but as Mark attempted to get up and enter the house, Frazier returned and shot at Mark again. As Frazier left the yard a second time, Sharon explained: "I thought he was going to shoot me but he didn't. I said, 'Please, Corie, don't shoot me.' . . . He just took off running." Sharon stated that she did not see her husband in possession of any type of weapon.

Mark Watts testified that he and Frazier had been best friends since the sixth grade. He acknowledged that Frazier had "fronted" him about $3800 worth of drugs because he and his family were in a "financial bind." Mark testified that he sold the drugs and gave Frazier half the money, and that he thought they "had an understanding of how I was going to give him the other half. That was a big misunderstanding." On the day of the shooting, Frazier told Mark that he needed the money, and Mark told him (Frazier) that he did not have it. He stated that he had never seen Frazier as angry as he was that day. Frazier became "loud and rugged" and, while they were arguing, Frazier hit him. Sharon then came out of the house, and according to Mark, "[t]hat's when he [Frazier] got to talking about, 'your husband fixing to lose his life.'" Mark also testified that Frazier said he would be "on the front page for mercing my friend."

Mark explained that after Frazier left, he called Frazier because he wanted them to "sit down and talk about this and see if we can figure it out." Frazier told him that he would come back to the house. About twenty minutes later, Maria Washington, a friend of Sharon's who was visiting at the time, told him that Frazier was outside. Mark went outside and heard his wife pleading with Frazier, and after a few words between himself and Frazier, Mark heard his wife say "run, baby, he got a gun." Mark saw Frazier come around his vehicle holding the gun down at his side. Mark tried to evade Frazier, but they ran into each other and Frazier shot him. Mark testified that after several shots, Frazier walked away, but then returned and "pointed the gun directly at my temple and pulled the trigger and the gun jammed." Mark testified that he did not have a gun at any time during the confrontation.

At the close of the State's evidence, Frazier made a directed-verdict motion on all counts. Specifically, with regard to the assault on Sharon Watts, Frazier argued that there was no evidence that shots were fired at Sharon and that the shell casings indicated that all shots were fired toward Mark. Frazier argued that Sharon fled the area and that "she was not in substantial risk of death or serious physical injury as those shots were contained to a defined area." The State responded by arguing that

Ms. Watts was in the yard and was a direct subject of the Defendant coming out of the motor vehicle holding a handgun clearly described. . . . [H]e created a substantial risk of serious physical injury or death to everyone involved at the crime scene at that point. He was approaching Sharon Watts and Mark Watts who were standing side by side by the motor vehicle. You don't have to shoot at her to satisfy the requirements and elements of this crime.

The court denied Frazier's motion for directed verdict on this count, although it granted a directed verdict in Frazier's favor on other counts.

Frazier testified. He explained that he had agreed to help Mark by "fronting" him some cocaine to sell. After several failed attempts to get paid, Frazier thought he was going to get some money from Mark on ...