Ellis v. State

2012 Ark. 65, 386 S.W.3d 485, 2012 WL 503880, 2012 Ark. LEXIS 84
CourtSupreme Court of Arkansas
DecidedFebruary 16, 2012
DocketNo. CR 11-604
StatusPublished
Cited by13 cases

This text of 2012 Ark. 65 (Ellis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. State, 2012 Ark. 65, 386 S.W.3d 485, 2012 WL 503880, 2012 Ark. LEXIS 84 (Ark. 2012).

Opinion

ROBERT L. BROWN, Justice.

| jAppellant Tyrone Ellis appeals his conviction of first-degree murder and his sentence of life in prison on grounds of insufficient evidence and an improper inquiry by the prosecuting attorney into the nature of Ellis’s prior felonies. We find no reversible error, and we affirm.

The events leading up to the murder transpired on March 14, 2010, and occurred after Keith Thomas and Ellis argued outside Thomas’s home in Magnolia. According to witnesses, Ellis became upset when Thomas, his stepfather, refused to let him drive his white Chevy Blazer. A jury determined that Ellis shot Thomas in the chest and killed him. Ellis was also convicted on a second count, felon in possession of a firearm, in connection with the same incident. He was sentenced to a term of life imprisonment on the first-degree murder count and 360 months on the felon-in-possession count.

|2The testimony at trial consisted of the following. On March 14, 2010, Ellis and Thomas were seen riding together in Thomas’s car, a white Chevy Blazer, in Magnolia. Around 11:30 in the morning that day, Ellis and Thomas returned to Thomas’s home. One witness, Paul McBride, testified that Thomas stated Ellis was mad because Thomas would not let Ellis use the Blazer. About twenty or thirty minutes later, Ellis and Thomas left Thomas’s house a second time. When they returned, Ellis got out of the Blazer with a gun in his hand. Thomas went into his home and retrieved a gun and, according to the witness, said, “Somebody needs to go talk to that boy.”

At that point, McBride, brother-in-law to Thomas and uncle to Ellis, testified that he was outside working on his car on that day when he saw Ellis fire his pistol, a long-barreled handgun with a brown handle, at Thomas. McBride added that he heard Ellis tell Thomas “he was going to kill him.” In response to that, according to McBride, Thomas fired a shot into the air. At that point McBride called 911. When he returned, Thomas and Ellis were inside McBride’s home. McBride testified that Ellis told Thomas, “If you don’t let me go, I’ll kill you.” Thomas did let Ellis go, after Ellis fired a shot into the floor of the home.

McBride continued testifying that Ellis returned to McBride’s home and fired another shot at Thomas. Ellis was about fifty feet away at that point and did not hit Thomas. Ellis ran behind the home but returned and confronted Thomas again. This time, the two men were separated by about the width of a car. According to McBride, Ellis said, “I’m going to kill you,” and fired a third shot at Thomas. This shot hit Thomas in the chest. Thomas tried to run, but fell. McBride then testified that Ellis said “I don’t care about that nigger,” and lsbegan threatening another witness, Jonathan Ellis, by saying, “If you testify against me, I’m going to kill you.” McBride also testified that the gun Ellis used would misfire every time he tried to shoot it. McBride identified a picture of the gun at trial as the one Ellis used.

Jonathan Ellis testified that Thomas was his stepfather and Ellis was his brother. Like McBride, Jonathan testified that his brother often carried a pistol with a brown handle. He further identified the gun as a .22-caliber revolver pistol. Jonathan also stated that Tyrone Ellis fired twice at Thomas without hitting him and that Thomas fired once in the air. He corroborated McBride’s testimony that the final confrontation between the two men occurred outside when the two men were standing on either side of a parked car. Jonathan stated that Ellis walked up and fired once but the pistol snapped, or misfired, so he fired again. A third shot hit Thomas, who said to Jonathan, “He shot me,” before falling to the ground. Jonathan added that Ellis said “If I testified against him, he would kill me, too.” Jonathan acknowledged that during the final confrontation, Thomas had a gun but was not pointing it at Ellis. He added that after the shooting, Ellis ran off into the woods carrying the gun he had used to kill Thomas.

In addition to the testimony from McBride and Jonathan, Kevin McCray testified that he was at McBride’s home on the day Ellis shot Thomas. McCray stated that he knew both Thomas and Ellis prior to the incident. He recalled seeing the two men getting out of Thomas’s Blazer sometime after lunch. He testified that they were arguing and that he tried to calm Ellis down by talking to him while they were inside McBride’s home. McCray stated that Ellis had a .22-caliber revolver with a brown handle. He added that when he tried to Intake the gun from Ellis, Ellis snatched it back and fired into the floor of McBride’s home. According to McCray’s testimony, Ellis told him if he did not “get back he’d kill me too.” McCray also reported hearing the gun click several times before it would fire. McCray stated that when Ellis left McBride’s home, he was headed toward Thomas with the gun pointed at Thomas. After that, McCray testified that he ran from the home when he heard one or two shots. McCray did not return to the area until law enforcement arrived, at which point he saw Thomas lying on the ground and Ellis running behind McBride’s home. McCray identified a picture of the gun at trial as the gun that Ellis had in the house on the day of Thomas’s death. McCray finally testified that he heard Ellis say, “I’m going to kill that mother fucker,” before Thomas was shot.

Greg Hawley, a deputy sheriff with the Columbia County Sheriff’s Office, testified that he responded to a call on March 14, 2010, at the McBride home. When he arrived, there was a large group of people in the front yard, and McBride informed him that someone had been shot. Hawley stated that McBride told him that the one who “had done the shooting had ran around behind the house.” Hawley testified that he and his partner, Deputy Whitaker, began looking behind the house and that Whitaker later arrested Ellis who was found behind the house. Hawley added that he and his partner performed a pat down on Ellis but did not look inside his pockets before placing him in their car.

Michael Richardson, a jailer at the Columbia County Detention Facility, testified that he searched Ellis after he was brought in by the deputy sheriffs. Richardson testified that he | ¡¡found three or four empty .22-caliber cartridges in the pocket of Ellis’s blue jeans and that he turned those casings over to a detective at the facility.

Brent McMahen, a criminal investigator with the Columbia County Sheriffs Office, testified that he also responded to the McBride home on March 14, 2010. When he arrived, he was met by several deputies and was told that there had been a shooting. After determining that the victim had been transported to the hospital, McMa-hen began interviewing people at the scene. He also called for a search dog to begin searching for the weapon that was used. The next day, McMahen recovered a revolver with a brown handle from the woods behind Thomas’s home. McMahen identified a picture of the gun at trial as the gun he had recovered from the woods.

McMahen added that there were a number of smudges on the gun but no useable fingerprints were found. Next, he opened the cylinder of the gun and found a number of shells. The revolver in question had six chambers and would hold a maximum of six rounds. McMahen recovered four spent shell casings and one live round from the gun. One chamber in the revolver was empty. The spent shell casings were for a .22-caliber long rifle, while the live round was a Winchester cartridge.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ark. 65, 386 S.W.3d 485, 2012 WL 503880, 2012 Ark. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-ark-2012.