Nichols v. State

2015 Ark. 274, 465 S.W.3d 846, 2015 Ark. LEXIS 475
CourtSupreme Court of Arkansas
DecidedJune 18, 2015
DocketCR-14-1132
StatusPublished
Cited by2 cases

This text of 2015 Ark. 274 (Nichols 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
Nichols v. State, 2015 Ark. 274, 465 S.W.3d 846, 2015 Ark. LEXIS 475 (Ark. 2015).

Opinion

' JOSEPHINE LINKER HART, Associate Justice

_JjA Pulaski County jury convicted Matthew W. Nichols of capital murder in the death of Jesse McFadden. The State waived the death penalty and Nichols was sentenced as a habitual offender by the court to life without parole to be served in the Arkansas Department of Correction. His sole argument on appeal is that the circuit court abused its discretion by refusing to give his proffered, nonmodel jury instruction concerning the transition from capital murder to first-degree murder if a juror has reasonable doubt of guilt on the greater charge. Our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(a)(2) (2013). We affirm.

At the trial on August 25, 2014, North Little Rock police officer Jeffrey Elenbaas testified that on May 20, 2013, he was dispatched to 219 Waters Street in North Little Rock. He believed he was responding to a residential fire, to assist the firefighters. However, while he was waiting for the fire department, he was waved toward the driveway of the residence by a man whom he would subsequently learn was Nichols. There he found a nude woman | ¿who had been severely burned, “basically lying in a heap in the driveway.” According to Elenbaas, “her skin was completely burned off,” but she was still alive.

Elenbaas further testified that Nichols approached him asking for permission to sit in the back seat of the patrol car because there had been what Nichols described as a “family disturbance.” He allowed Nichols to sit in the car, with the door open. According to Elenbaas, there was nothing “real striking” about Nichols, but he did detect the smell of gasoline. While Elenbaas was attending to the victim, Nichols left the police car and started walking down an adjacent street. Meanwhile, bystanders approached Elenbaas and disclosed Nichols’s involvement with the burned woman. He went after Nichols and took him into custody.

Franklin Hinton, a 15-year acquaintance of the victim, testified that Nichols and McFadden lived together at the Waters Street house. On the day of the murder, he had driven Nichols to an auto-salvage yard, returned with him to the residence, and was drinking a beer while watching Nichols install a brake caliper on his truck. According to Hinton, Nichols had been drinking also but was not intoxicated. Nichols tried to talk to him about his relationship with McFadden, telling him that he thought that McFadden was cheating on him. Hinton claimed that he fended off the discussion, telling Nichols that it was not his business.

Eventually, McFadden arrived. Hinton described her demeanor as “happy going.” Nichols told him to wait for him while he went into the house to talk to “my lady.” An argument ensued between McFadden and Nichols. Nichols took her telephone, and Hinton R tried unsuccessfully to retrieve it for her when Nichols came outside. Nichols went back into the house, and Hinton decided to leave.

As he walked back to his vehicle, he heard McFadden screaming. He returned to the house because he thought Nichols was beating McFadden. He discovered that the screen door was locked. Unable to see what was going on, he looked into the house from a window. According to Hinton, he saw Nichols dumping gasoline onto McFadden, and “all of a sudden, the whole living room lit up.” He yelled at Nichols, but got no response. He saw Nichols steadily pouring gasoline onto McFadden. Hinton stated that he could not understand why the burning gasoline was not flashing back into the gas can. When McFadden fell against the window where he was watching, he recoiled in horror and fell off the porch. He ran from the scene and went straight home. Hinton stated that he did not call the police until the next day.

North Little Rock Detective John Alston testified that he photographed the 219 Waters Street home after McFadden had died of her injuries. He showed the jury a diagram, noting that a five-gallon gas can was found just inside the front door. He described the gas can as red, with the top black and charred. He stated that there were also burn marks on the floor near the front door. Detective Alston then showed pictures of the bathroom, where the toilet seat, shower curtain, and areas of the wall were charred.

North Little Rock Detective Joseph Green testified that he encountered Nichols at the Waters Street house, while Nichols was seated in Officer Elenbaas’s patrol car. He noted a faint odor of gasoline. Detective Green recalled that Nichols’s nostrils appeared to be |4blistered and peeling.

Terry Yancy testified that she was Nichols’s niece and McFadden’s best friend. She stated that a few weeks before the incident, Nichols told her that he would “bum her up in that house” if McFadden “put him out.” According to Yancy, she called McFadden and informed her about what Nichols had said. Yancy also recounted a phone call that she received from McFadden on May 20, 2013, the date of the incident, asking her to bring her some locks because she intended to change the locks at her residence. During that call, she heard Nichols’s voice in the background. Yancy claimed that Nichols repeated the threat that if McFadden put him out, “he would burn her up in that motherf- - -ing house.” She perceived that the conversation was interrupted by Nichols snatching the phone from McFadden. Yancy stated that she “sped through town about 80 miles an hour, trying to get to the house.” When she arrived, she found yellow crime-scene tape, blood on the sidewalk, and burn marks up to the house. She went to the hospital and saw McFadden. She recalled that McFadden’s skin was “just burned and melted, and she had spots of hair and just skin.” Her whole body was “swollen and just melted together,” and she was on “some kind of machine” that kept her alive just “long enough for us to see her or say goodbye.”

Angela Yielding, a neighbor who lived two houses away from McFadden’s residence, testified that she was asked by another neighbor to call an ambulance because McFadden’s house was on fire. She called the fire department. She claimed that she saw Nichols take a gas can out of a vehicle and go into the house. Yielding “hollered at him” that his house was on fire. She then left. When she returned, she claimed that she saw Nichols pouring 1 ¡^gasoline “on top of some figure.” She further testified that she heard a noise that sounded like a “squelch or a scream” and saw flames. The figure was just lying on the ground in the fetal position. Yielding stated that she “saw the lady starting to roll off the porch and roll, roll, roll, roll and then until she stopped ... at the edge of the driveway.” At that point, the person was no longer on fire. She observed Nichols walking around “like he had his chest puffed out.” Yielding stated that she told police that Nichols was the person they were looking for. She observed Nichols walking away and did not want him to escape.

The State concluded its case with Dr. Adam Craig, an associate medical examiner with the Arkansas State Crime Laboratory. Craig testified he was not board certified in forensic pathology; nonetheless, he was qualified by the circuit court as an expert. Craig also admitted that he did not perform the autopsy on McFadden, but asserted that he did review the report that was authored by Dr. Dye, the pathologist who had performed the autopsy. Craig stated that the cause of death was determined to be “thermal injuries and smoke and soot inhalation.” He reported that Dr.

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Related

Nichols v. State
2017 Ark. 129 (Supreme Court of Arkansas, 2017)

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Bluebook (online)
2015 Ark. 274, 465 S.W.3d 846, 2015 Ark. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-state-ark-2015.