Laswell v. State
| Decision Date | 10 May 2012 |
| Docket Number | No. CR 11–940.,CR 11–940. |
| Citation | 404 S.W.3d 818,2012 Ark. 201 |
| Parties | Broderick Lloyd LASWELL, Appellant v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
OPINION TEXT STARTS HERE
Tim Buckley, Kent McLemore, John G. Hall, Buckley, McLemore & Hudson, Fayetteville, for appellant.
Dustin McDaniel, Atty. Gen. and Laura Shue, Asst. Atty. Gen. for appellee.
Appellant Broderick Lloyd Laswell appeals the judgment and commitment order of the Benton County Circuit Court finding him guilty of capital murder and aggravated robbery and sentencing him as a habitual offender to life imprisonment without parole plus 720 months' imprisonment,respectively. On appeal Laswell argues that the circuit court erred by: (1) denying his motions for directed verdict; (2) failing to exclude certain character evidence; (3) admitting certain crime-scene evidence; and (4) excluding the expert testimony of Dr. Cunningham during the guilt phase of trial. We find no error and affirm.
On August 30, 2007, David Weaver and Melissa Lacy went to visit Randy Walker at his home on Beaver Hollow Road in Garfield, Arkansas, and discovered that there had been a house fire. They entered Walker's residence and found Walker's burned body in the back bedroom. They then called 911 and first responders were on the scene within minutes.
The Northeast Benton County Fire Department and the Benton County Sheriff's Department, including Investigator Greg Hines, Investigator Richard Feast, and Fire Marshall William Hanna, arrived at Walker's residence to investigate. Investigator Hines interviewed David Weaver and Melissa Lacy and then conducted a tour of the scene.
Investigator Feast and Fire Marshall Hanna also investigated. Fire Marshall Hanna concluded that the fire had been intentionally set and had originated in the bedroom. Hanna had noticed a red blob in the bedroom and suspected it was a fuel can. When he inspected the detached garage, he saw a row of gas cans and one appeared to be missing. The crime lab later confirmed that ignitable liquids had been poured in the bedroom and on Walker's clothing. Hanna also viewed Walker's body and noticed damage to his neck. It was unclear to him how the damage had occurred as he had never seen an evulsion on the neck. Hanna testified that one of the primary reasons for arson is to destroy evidence to conceal a crime.
Walker's son, Randall Lee Walker, II, was notified of Walker's death on August 30, 2007, by Melissa Lacy's sister, Megan Wright. Randall, his girlfriend, his grandmother, and his brother drove to Arkansas on Friday, August 31, 2007. Randall spoke with Investigator Feast of the Benton County Sheriff's Department and believed the family had permission to try to salvage what was left of his father's property. Randall and the others returned to Walker's residence on Saturday, September 1, 2007, with a U–Haul trailer and began removing some items from the residence. They moved several items that did not fit in the trailer into the garage. When Randall returned to his father's residence a few days later, there were detectives inside Walker's home, and Randall was not permitted to remove additional items.
On September 2, 2007, Brandon Lacy called the Rogers Police Department from the Hi–D–Ho Restaurant in Rogers, Arkansas, and told police officers that he had committed a murder in Benton County. When the police arrived, they discovered that Lacy was intoxicated and arrested him for public intoxication. Lacy was transported to the Benton County jail, but Investigator Hines decided to wait to question him until the next morning, to allow Lacy to become sober.
The next morning, September 3, 2007, Investigator Hines interviewed Lacy. During the interview, Lacy admitted that he had participated in the murder of Randy Walker. While Lacy was reluctant to tell the police who had participated in the homicide with him, it was discovered that it was Laswell.
Laswell was arrested and admitted to being involved in Walker's murder. Laswell admitted that he hit Walker with a weight bar, but claimed that it was only after Walker showed a gun. Laswell claimed that a struggle ensued. Laswell went with the investigators to the location where he and Lacy had disposed of the evidence from the night of the murder.
Lacy admitted in later interviews to stabbing Walker in the chest with a fire place poker and slitting his throat with a knife. He said that he thought Walker was “pretty much gone” after Laswell hit him over the head with the weight bar, but he stabbed him and slit his throat to make sure. Lacy admitted that he took a .22–caliber gun from Walker's residence and hid it at his cousin's house.
Laswell was charged as a habitual offender with capital murder and aggravated robbery. After a jury trial, he was convicted of both and sentenced to life imprisonment without parole plus 720 months' imprisonment. It is from these convictions and sentence that he brings the instant appeal.
For his first point on appeal, Laswell argues that the circuit court erred in denying his motions for directed verdict because the evidence was not sufficient for the jury to find him guilty of capital murder, aggravated robbery, or the lesser-included charges of first-degree and second-degree murder. The State avers that the evidence was sufficient to support Laswell's convictions and that this court need not address the argument as to the lesser-included charges because Laswell was not convicted of those.
On appeal, we treat a motion for directed verdict as a challenge to the sufficiency of the evidence. See Smoak v. State, 2011 Ark. 529, 385 S.W.3d 257. In reviewing a challenge to the sufficiency of the evidence, this court determines whether the verdict is supported by substantial evidence, direct or circumstantial. See id. Substantial evidence is evidence forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. See id. When a defendant challenges the sufficiency of the evidence that led to a conviction, the evidence is viewed in the light most favorable to the State. See Sullivan v. State, 2012 Ark. 74, 386 S.W.3d 507. This court does not weigh the evidence presented at trial, as that is a matter for the fact-finder; nor do we assess the credibility of the witnesses. See id.
The credibility of witnesses is an issue for the jury, and we will disturb the jury's determination only if the evidence did not meet the required standards, thereby leaving the jury to speculation and conjecture in reaching its verdict. See Ellis v. State, 2012 Ark. 65, 386 S.W.3d 485. In assessing the weight of the evidence, a jury may consider and give weight to any false and improbable statements made by an accused in explaining suspicious circumstances. See Sullivan, supra.
As previously noted, Laswell was charged with capital murder and aggravated robbery. “A person commits robbery if, with the purpose of committing a felony or misdemeanor theft ... the person employs or threatens to immediately employ physical force upon another person.” Ark.Code Ann. § 5–12–102(a) (Repl.2006). A person commits aggravated robbery if he commits robbery as defined above and inflicts or attempts to inflict death or serious physical injury upon another person. Ark.Code Ann. § 5–12–103(a)(3) (Repl.2006). A person commits capital murder if, acting alone or with one or more other persons, the person commits aggravated robbery and in the course of or in furtherance of the aggravated robbery, the person or his accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life. Ark.Code Ann. § 5–10–101(a)(1) (Repl.2006) & (Supp.2007). Additionally, a personcommits capital murder if, “[w]ith premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person.” Ark.Code Ann. § 5–10–101(a)(4) (Supp.2007).
Laswell contends that the circuit court erred in denying his motions for directed verdict because the State failed to prove (1) that the “in course and furtherance of” element was met; (2) that Laswell had the intent to rob; (3) that a robbery occurred; or (4) that Laswell had the premeditated, deliberate purpose to kill.
At trial, the State presented several witnesses and several exhibits, including two interviews of Laswell himself conducted by Investigator Hines. First, Sergeant Thomas See of the Benton County Sheriff's Department testified that on August 30, 2007, he responded to a call about a fire at Randy Walker's home. Inside the home, there was a strong odor of smoke, soot on the walls, and a pungent odor of burning flesh. Walker's body was found on the floor in a back bedroom. Sergeant See observed a weight bench in the bedroom and an open gun safe in the closet of that bedroom. A recliner that was in the living room had to be moved in order to remove Walker's body from the home.
Fire Marshall Will Hanna then testified as to his observations and conclusions from the scene at Walker's home that night. Hanna testified that the fire, which started under the bed in the bedroom where Walker's body was found, was confined to the interior and self-extinguished, with no external damage to the home. He found a burned red blob in the room and suspected it was a fuel can. Hanna ruled out any accidental causes of the fire. The crime lab confirmed this for him as ignitable liquids had been poured in the area of the bedroom and on Walker's clothing, and the red blob was, indeed, a gas can. Hanna also observed the safe in the closet, which he concluded had been opened before the fire because of the soot inside. Additionally, Hanna stated that a primary reason for arson is to destroy evidence to conceal a crime.
Mark Queen, a witness who had met both Laswell and Lacy at inpatient alcohol treatment, testified that Laswell and Lacy were friends. Queen testified that Laswell and Lacy both seemed to need money and that he had loaned money to Laswell...
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