Reynolds v. State
| Citation | 2016 Ark. 214,492 S.W.3d 491 |
| Decision Date | 19 May 2016 |
| Docket Number | No. CR–15–819,CR–15–819 |
| Parties | Edward Joseph Reynolds, Appellant v. State of Arkansas, Appellee |
| Court | Supreme Court of Arkansas |
Philip C. Wilson, Sheridan, for appellant.
Leslie Rutledge, Att'y Gen., by: Karen Virginia Wallace, Ass't Att'y Gen., for appellee.
RHONDA K. WOOD
, Associate Justice
Edward Joseph Reynolds appeals a jury's verdict finding him guilty of kidnapping and aggravated assault. He was sentenced as a habitual offender to consecutive sentences of life imprisonment and fifteen years' imprisonment, respectively. On appeal, Reynolds contends that the circuit court erred by (1) denying his directed-verdict motions on both charges; (2) allowing the victim to testify about her injuries despite the prosecutor's failure to provide her medical records in discovery; and (3) overruling his objection to remarks made by the prosecutor during closing argument. We find no error and affirm.
In October 2014, Rachel Wake, the victim, Reynolds, her boyfriend, and Michael Watters, Reynolds's friend, resided together. One evening in late October, Wake accompanied Reynolds to his workplace. While there, the couple got into an argument and Reynolds choked her. She screamed, and unbeknownst to either of them, two of Reynolds's coworkers witnessed the incident.
Reynolds lost his job as a result of the incident. He became irate and told Wake that since he lost his job, she was going to lose her life. He tied her up at the foot of their bed with cables from an exercise machine. He bound her arms and feet together behind her back and secured them with padlocks. He then wrapped a cable around her neck and attached it to the cables restraining her arms and legs so that she had to hold her head up to keep from choking. He also placed a gag around her mouth. He beat her until her eyes were swollen shut. Reynolds told Wake he was going to kill her, and he and Watters discussed where they would drop her body. Reynolds also threatened to behead Wake's son and leave his head in the room with her for three days.
Eventually, Reynolds released Wake. He helped her bathe to wash off the blood. She then got in bed with Reynolds and slept. Wake testified that Reynolds had been doing drugs throughout the ordeal and that she knew that if she outlasted his drugs, she would live. Two days later, Reynolds and Wake went to get more drugs at Clarence Stillman's home. While at his house, Wake asked Stillman to call her mother. Wake's mother arrived and took Wake to her house. She later called the police, and an ambulance took Wake to the hospital. At the hospital, Wake was treated for a concussion, two minor fractures to her wrist and pinky finger, and contusions to her neck
, throat, and chest.
Reynolds argues that the circuit court erred by not granting his motion for directed verdict because the State failed to introduce substantial evidence that he restrained Wake for the purpose of terrorizing her or that he engaged in life-threatening activity against her. A directed verdict is a challenge to the sufficiency of the evidence. Williamson v. State, 2009 Ark. 568, 350 S.W.3d 787
. In reviewing a sufficiency challenge, we determine whether the verdict is supported by substantial evidence, direct or circumstantial. Id. Substantial evidence is that which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture. Id. This court does not weigh the evidence presented at trial or assess the credibility of the witnesses, as those are matters for the fact-finder. Rid
l
ing v. State, 360 Ark. 424, 203 S.W.3d 63 (2005). The trier of fact is free to believe all or part of any witness's testimony and may resolve questions of conflicting testimony and inconsistent evidence. Id. On appeal from a denial of a directed verdict, this court views the evidence in the light most favorable to the appellee and affirms if there is substantial evidence to support the verdict. Id.
A person commits the offense of kidnapping when he restrains another person, without consent, so as to interfere substantially with the other person's liberty with the purpose of terrorizing the person. Ark.Code Ann. § 5–11–102(a)(6)
(Repl.2013). “Restraint without consent” includes restraint by physical force, threat, or deception. Ark.Code Ann. § 5–11–101(3)(A). A person acts purposely with respect to his conduct or a result of his conduct when it is his conscious object to engage in conduct of that nature or to cause that result. Ark.Code Ann. § 5–2–202(1).
A person commits aggravated assault when, under circumstances manifesting extreme indifference to the value of human life, he purposely engages in conduct that creates a substantial danger of death or serious physical injury to another person. Ark.Code Ann. § 5–13–204(a)(1)
. “Serious physical injury” is defined as “physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.” Ark.Code Ann. § 5–1–102(21).
Reynolds claims there was insufficient evidence that he restrained Wake for the purpose of terrorizing her because he eventually untied her hands, allowed her to untie the remaining restraints, and helped her take a bath. He also points out that Wake did not attempt to escape from their home.
Reynolds's argument is without merit. There was overwhelming evidence introduced at trial that Reynolds restrained Wake and threatened to kill her and her son. Wake testified in detail how Reynolds restrained her with cables and locks for hours while he severely beat her. Her eyes were swollen to the point she was unable to see. Because of the restraints, she was forced to keep her head up to keep from choking. Reynolds repeatedly told her that he was going to kill her and that he would behead her son.
Watters's testimony confirmed Wake's account. He testified that he saw Wake's hands and feet bound with cables and locks and a belt wrapped around her neck. He heard Reynolds beating Wake and later saw that she was bruised and that her eyes were severely swollen. Watters verified that he and Reynolds had discussed disposing of Wake's body. He also recalled Reynolds's threats to behead Wake's son. Photographs of Wake, which were admitted at trial, evidenced the severe bruising to her face and body, as well as ligature marks to her neck, wrists, and ankles. Police officers also described how they found the cables and locks in Reynolds's home and that Wake's blood was located near the foot of Reynolds's bed.
We find that these facts are sufficient to support Reynolds's kidnapping conviction. His argument that Wake did not attempt to escape immediately after the restraints had been removed does not negate his criminal conduct nor does the fact that he later helped her bathe. Thus, we hold that the circuit court did not err in denying his motion for directed verdict.
Reynolds also asserts that there was insufficient evidence to support his aggravated-assault conviction. He first claims that the State failed to prove that he acted purposely because he had been using drugs during the incident. We agree with the State that this argument is not preserved for appeal because Reynolds failed to raise it in his directed-verdict motion to the circuit court. Ark. R.Crim. P. 33.1(c)
(2015); Rounsaville v. State, 372 Ark. 252, 256, 273 S.W.3d 486, 490 (2008) ().
Additionally, Reynolds argues that there was insufficient evidence that he acted under circumstances manifesting extreme indifference to the value of human life because he did not engage in life-threatening activity against Wake. This argument also is unsuccessful. The State presented evidence that Reynolds had beaten Wake repeatedly while she was bound in such a position that she had to hold her head up in order not to choke. The photographs introduced at trial depicted serious injuries to her face, head, and neck. He threatened to kill her and talked about disposing of her body. We find that this evidence was sufficient to support the jury's verdict, and the circuit court did not err in denying Reynolds's motion for directed verdict.
Reynolds argues that he was exposed to “extreme prejudice” because the circuit court allowed Wake to testify about her injuries even though “the State failed to provide the alleged victim's medical records prior to trial.” This argument also is not preserved for appellate review. A defendant must object at the first opportunity and then renew his objection each time the issue is raised. Conte v. State, 2015 Ark. 220, 463 S.W.3d 686
; Anderson v. State, 353 Ark. 384, 108 S.W.3d 592 (2003). Otherwise, he has waived his argument regarding that...
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