Reese v. State

Decision Date20 September 2007
Docket NumberNo. CR 07-112.,CR 07-112.
Citation262 S.W.3d 604,371 Ark. 1
CourtArkansas Supreme Court
PartiesRicky REESE, Appellant, v. STATE of Arkansas, Appellee.

William M. Howard, Jr., for appellant.

Dustin McDaniel, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., Little Rock, for appellee.

DONALD L. CORBIN, Justice.

Appellant Ricky Reese appeals the order of the Chicot County Circuit Court convicting him of capital murder and being a felon in possession of a firearm. On appeal, Reese argues that it was error for the trial court to deny (1) his motion for directed verdict as there was insufficient evidence to prove that he acted with premeditation and deliberation; and (2) his motion to suppress his custodial statement because he was impaired by drug and alcohol use at the time he made the statement. As Reese was sentenced to life imprisonment without the possibility of parole, our jurisdiction is pursuant to Ark. Sup.Ct. R. 1-2(a)(2). We find no error and affirm.

The record reflects that on the evening of July 17, 2005, Reese was with his friend James Matthews Jr. and Matthews's minor son in Matthews's car. After Reese showed Matthews's son a gun he had on him, Reese and Matthews got into an argument, and Matthews ordered Reese to get out of his car. When Reese refused to get out of Matthews's car, Matthews began to take Reese home. During this time, Reese pulled a gun on Matthews, shooting him at least five times, including four times in the head.

After shooting Matthews, Reese fled. He went to the home of Katie Jordan and reported to her that he had shot Matthews and that he had intended to kill him. Reese was arrested later that evening. He was charged with one count of capital murder and one count of being a felon in possession of a firearm. Reese was tried before a jury on June 21-22, 2006, and found guilty on both charges. He was subsequently sentenced to a term of life imprisonment. The instant appeal followed.

As his first point on appeal, Reese argues that the trial court erred in denying his motion for a directed verdict because the State presented insufficient evidence that he acted with premeditation and deliberation. The State argues to the contrary that it presented sufficient evidence of premeditation and deliberation and, thus, it was proper for the trial court to deny Reese's motion and submit the charge of capital murder to the jury. We agree with the State.

This court treats a motion for directed verdict as a challenge to the sufficiency of the evidence. Boyd v. State, 369 Ark. 259, 253 S.W.3d 456 (2007); Woolbright v. State, 357 Ark. 63, 160 S.W.3d 315 (2004). In reviewing a challenge to the sufficiency of the evidence, this court determines whether the verdict is supported by substantial evidence, direct or circumstantial. Id. Substantial evidence is evidence forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id. This court views the evidence in the light most favorable to the verdict, and only evidence supporting the verdict will be considered. Id.

Pursuant to Ark.Code Ann. § 5-10-101(a)(4) (Repl.2006), a person commits capital murder if "[w]ith the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person." The necessary premeditation and deliberation is not required to exist for a particular length of time and may be formed in an instant. Boyd, 369 Ark. 259, 253 S.W.3d 456; Weston v. State, 366 Ark. 265, 234 S.W.3d 848 (2006). This court has long acknowledged that intent can rarely be proven by direct evidence. Id. We have further held that a jury may infer premeditation and deliberation from circumstantial evidence, such as the type and character of the weapon used, the nature, extent, and location of the wounds inflicted, and the conduct of the accused. Id.

In the present case, there was testimony from Dr. Dan Konzelmann, an associate medical examiner, regarding the nature and extent of Matthews's injuries. Specifically, Dr. Konzelmann testified that Matthews died of four gunshot wounds to his head. In addition, there was another gunshot wound on Matthews's left lower arm.

Katie Jordan also testified that she knew Reese and Matthews from her time as a substitute teacher at Dermott High School. According to Jordan, Reese showed up at her house on the evening of July 17, 2005, and told her that he had shot Matthews. When Jordan asked if Matthews was dead, Reese replied, "I don't know, but I meant to kill him." Reese then told Jordan that he shot Matthews twice in the head and twice in either the chest or stomach because Matthews was hitting him and would not let him out of the car. According to Jordan, Reese stated at least three times that he "meant" to kill Matthews.

Matthews's mother, Barbara Matthews, testified that Reese and her son grew up together and were best friends. On the evening of the shooting, she went looking for her son and grandson because it was too late for her grandson to be out. She found them not far from her house and noticed Reese sitting in the back seat of Matthews's car. Barbara asked to take her grandson home, but the boy wanted to stay with his father. He then got into his father's car, at which time Reese showed the child a gun that he had on him. Matthews confronted Reese and told him to get out of the car. When Reese refused to get out of the car, Matthews stated that he would have to "kidnap" him. Barbara told her son to take Reese home and that she and her grandson would follow them. While following Matthews's car, Barbara noticed his brake lights go on and then heard gunshots. She pulled over and as she approached the car, Reese got out and stated that Matthews was dead and that he had shot him. Reese then fled the scene. As he walked away, Barbara noticed the handle of a gun sticking out of Reese's pants pocket.

Clearly, the evidence was sufficient to establish that Reese killed Matthews with premeditation and deliberation. Reese refused to get out of Matthews's vehicle and then as Matthews attempted to drive Reese home, Reese shot him four times, including three shots to the head. As we previously stated, the nature and location of gunshot wounds are evidence that the jury could have relied on to infer that Reese acted with premeditation and deliberation. See Boyd, 369 Ark. 259, 253 S.W.3d 456. Moreover, the jury heard direct evidence from Katie Jordan that Reese stated repeatedly that he intended to kill Matthews. Thus, we cannot say that the trial court erred in denying Reese's motion for directed verdict.

As his second point on appeal, Reese argues that the trial court erred in failing to suppress his custodial statement because at the time he made the statement he was impaired by drug and alcohol use. The State counters that a determination of voluntariness of a statement is one for the trial court and in this instance the trial court was in the superior position of observing the witnesses who testified...

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13 cases
  • Clark v. State
    • United States
    • Arkansas Supreme Court
    • September 25, 2008
    ...of a confession, our court has frequently applied a two-prong analysis similar to that set forth in Ornelas. See, e.g., Reese v. State, 371 Ark. 1, 262 S.W.3d 604 (2007); Pratt v. State, 359 Ark. 16, 194 S.W.3d 183 (2004); Standridge v. State, 357 Ark. 105, 161 S.W.3d 815 (2004); Bunch v. S......
  • Wallace v. State
    • United States
    • Arkansas Supreme Court
    • February 26, 2009
    ... ... This court has long held that the premeditation and deliberation required need not exist for a particular length of time; rather, they may be formed in an instant. Reese v. State, 371 Ark. 1, 3, 262 S.W.3d 604, 606 (2007). Moreover, an accused's intent or state of mind can rarely be proven by direct evidence. Id. Thus, we have acknowledged that a jury may infer premeditation and deliberation from circumstantial evidence, such as the type and character of the ... ...
  • Decay v. State
    • United States
    • Arkansas Supreme Court
    • November 12, 2009
    ...if the confession was the product of free and deliberate choice rather than intimidation, coercion, or deception. See Reese v. State, 371 Ark. 1, 262 S.W.3d 604 (2007). When we review a circuit court's ruling on the voluntariness of a confession, we make an independent determination based o......
  • Cockrell v. State
    • United States
    • Arkansas Supreme Court
    • May 27, 2010
  • Request a trial to view additional results

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