Laswell v. State

2012 Ark. 201, 404 S.W.3d 818, 2012 WL 1630878, 2012 Ark. LEXIS 230
CourtSupreme Court of Arkansas
DecidedMay 10, 2012
DocketNo. CR 11-940
StatusPublished
Cited by52 cases

This text of 2012 Ark. 201 (Laswell 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
Laswell v. State, 2012 Ark. 201, 404 S.W.3d 818, 2012 WL 1630878, 2012 Ark. LEXIS 230 (Ark. 2012).

Opinion

PAUL E. DANIELSON, Justice.

|,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.

|2The Northeast Benton County Fire Department and the Benton County Sheriffs 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 Sheriffs 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 Isitems.

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. Las-well 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. |4After 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 Las-well’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)(l) (Repl. 2006) & (Supp.2007).

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Bluebook (online)
2012 Ark. 201, 404 S.W.3d 818, 2012 WL 1630878, 2012 Ark. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laswell-v-state-ark-2012.