McArthur v. State

• Decision Date: 20 April 1992
• Docket Number: No. CR,CR
• Citation: 309 Ark. 196,830 S.W.2d 842
• Parties: Steven Laron McARTHUR, Appellant, v. STATE of Arkansas, Appellee. 91-206.
• Court: Arkansas Supreme Court

Page 842

830 S.W.2d 842

309 Ark. 196

Steven Laron McARTHUR, Appellant, v. STATE of Arkansas, Appellee.

No. CR 91-206.

Supreme Court of Arkansas.

April 20, 1992.

Robert Adcock, Little Rock, for appellant.

Kent G. Holt, Asst. Atty. Gen., Little Rock, for appellee.

CORBIN, Justice.

Appellant Steven Laron McArthur was convicted of capital felony murder and sentenced to life imprisonment without possibility of parole. On appeal, he raises four points for reversal, none of which have merit. As one of appellant's arguments challenges the sufficiency of the evidence, we address that challenge first. Harris v. State, 284 Ark. 247, 681 S.W.2d 334 (1984).

On January 21, 1990, a hunter discovered the body of sixteen-year-old Rodney Spence lying facedown in a ditch in north Lonoke County. Spence had been shot twice in the head at close range. Mike Spence, the victim's father, testified that on the afternoon of January 20, 1990, Rodney had left his parents' home in Austin to pick up James McMurty, Spence's fifteen-year-old cousin, and go to town, with the understanding that Rodney would be home by 10:00 p.m. that night. Rodney was driving a 1986 red Ford Ranger. Harold McMurty, the victim's uncle, testified that Rodney arrived at his house at approximately 6:45 p.m. whereupon McMurty informed Rodney that James had gone with his mother to Knight's grocery in Cabot. Rodney told McMurty that he would try to catch up with James in Cabot. When Rodney Spence did not return home by 10:30 that evening, his parents became worried and reported Rodney missing at approximately 12:30 a.m. Rodney Spence's body was discovered the next day.

On January 23, 1990, a patrolman with the Plano Texas Police Department pulled over a red Ford Ranger with Arkansas plates, after hearing a national broadcast to be on the lookout for the vehicle. Donald Hawley, the driver of the truck, informed the Texas authorities that he and appellant Laron McArthur had been in Cabot, Arkansas, the past weekend and stayed at McArthur's girfriend's apartment. Hawley stated that McArthur had left the apartment for a while on Saturday, and when McArthur returned he was driving the red truck which Hawley and McArthur drove to Dallas, Texas. According to Hawley, a pistol was located in McArthur's sister's apartment in Dallas.

The Plano police obtained and executed a search warrant for Robin McArthur's apartment, where they found a gun in a nightstand drawer. At trial, the parties stipulated that the gun found in the nightstand drawer was the same weapon that was used to shoot Rodney Spence. Robin McArthur informed the police that her brother was at the Deluxe Inn in Dallas, and the Dallas Police Department took custody of McArthur that night.

Donald Hawley eventually pled guilty to capital murder, and testified at appellant's trial. Hawley testified that McArthur had approached Rodney Spence in the parking lot of Knight's grocery store in Cabot. According to Hawley, he and McArthur arranged for Spence to give them a ride to a liquor store and that Spence drove them to two liquor stores and a convenience store. When Spence went inside the convenience store, McArthur informed Hawley that he was going to get Spence to take them to a friend's house and McArthur instructed Hawley to act sick when McArthur prompted him.

Hawley testified that a plan developed for stealing Spence's truck while Spence was driving from the convenience store. McArthur directed Rodney to a remote location whereupon McArthur stated that Hawley "looked sick." McArthur and Hawley got out of the truck on the passenger side and crouched by the truck. Spence also got out of the truck and McArthur asked Spence for assistance in getting Hawley back in the truck. Hawley then stepped around the rear of the truck, aimed a gun at Spence, and instructed Spence to lie on the ground and empty his pockets. Hawley testified that McArthur said "Well, shoot him," and Hawley shot Spence in the head.

The two men had proceeded to drag Spence's body when McArthur dropped the upper half of Spence's body and stated that Spence was still alive. According to Hawley, McArthur stated that he didn't want to see Spence suffer and fired a second shot into Spence's head. Hawley and McArthur left Spence's body in the ditch where it was eventually discovered. After killing Spence, Hawley and McArthur took Spence's truck and left for Dallas where they stayed in McArthur's sister's apartment.

Appellant argues that the trial court should have directed a verdict in his favor because none of the state's witnesses ever placed the appellant at the scene of the crime with a weapon in his hand. A challenge to the denial of a directed verdict is a challenge to the sufficiency of the evidence. Owens v. State, 300 Ark. 73, 777 S.W.2d 205 (1989). We do not address appellant's argument because the record reflects that appellant waived his right to challenge the sufficiency of the evidence by failing to make a motion for directed verdict at the close of the case. A.R.Cr.P. Rule 36.21(b) requires a defendant to move for a directed verdict at the close of the state's evidence and at the close of the case if he wishes to preserve this challenge. We adhere to our strict interpretation of the requirements of Rule 36.21(b), Easter v. State, 306 Ark. 452, 815 S.W.2d 924 (1991), and do not consider appellant's challenge to the sufficiency of the evidence.

Appellant's second argument for reversal is that the trial court erred in not allowing defense counsel to impeach Donald Hawley with prior statements made by Hawley. Specifically, appellant challenges the exclusion of Hawley's prior statement to the sheriff of Lonoke County, and the exclusion of a deposition given by a doctor who evaluated Hawley.

The transcript reveals that the trial court never actually ruled on whether defense counsel could impeach Hawley with Hawley's statement to the sheriff of Lonoke County. The issue arose when defense counsel questioned Hawley about Hawley's prior statement to the sheriff in which Hawley spoke of horseback riding and shooting a pistol. The state objected on grounds of relevancy and the fact that Hawley had not given testimony inconsistent with that portion of his statement to the sheriff. Defense counsel rephrased his question and proceeded without renewing his objection or requesting further clarification. As we have held that the failure to obtain a ruling precludes review of the issue on appeal, Terry v. State, 309 Ark. 64, 826 S.W.2d 817 (1992), Pacee v. State, 306 Ark. 563, 816 S.W.2d 856 (1991), Shaw v. State, 299 Ark. 474, 773 S.W.2d 827 (1989), we do not address appellant's argument concerning Hawley's statement to the sheriff.

Neither do we find error in the trial court's exclusion of Hawley's statements to Dr. Marino, a psychiatrist who evaluated Hawley. Appellant's argument on this point is somewhat convoluted, but the thrust of the argument is set out in the following passage:

The Court had previously ruled that the deposition of Dr. Marino, who had worked at the Arkansas State Hospital and who had evaluated Mr. Hawley could not be used and not be introduced into evidence, but it is maintained that statement [sic] made by Mr. Hawley to Dr. Marino and to anyone else would be legally usable to test the veracity of Mr. Hawley.

Appellant failed to abstract any trial proceedings relating to Dr. Marino's statements or statements made by Hawley to Dr. Marino. However, our search of the record reveals that the trial court granted the state's motion in limine to exclude evidence of a deposition of Dr. Marino. At the hearing on the state's motion, the trial court excluded the evidence after appellant's counsel conceded that he wanted to use Dr. Marino's deposition for the purpose of showing that Dr. Marino did not believe that Hawley was credible. We find no abuse of discretion in the trial court's ruling as we have held that the credibility of witnesses and the weight accorded to their testimony is solely within the province of the jury. Caldwell v. State, 267 Ark. 1053, 594 S.W.2d 24 (1980).

On appeal, appellant argues that Hawley's statements to Dr. Marino should have been admitted to test the veracity of Hawley. A.R.E. Rule 613 permits the use of a witness' prior statement for impeachment purposes if the prior statement is inconsistent with the witness' trial testimony. This rule, however, does not apply in the instant case as the record does not indicate that appellant attempted to impeach Hawley with statements Hawley made to Dr. Marino. Later, after Hawley and several other witnesses testified, appellant requested a clarification on the ruling regarding Dr. Marino's deposition, and the court restated its prior ruling that the deposition was inadmissible. Again, we find no error in the ruling of the trial court as appellant never attempted to impeach Hawley's credibility with statements Hawley made to Dr....