Cite as 2024 Ark. App. 549 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-24-115
ROXANNE SCOTT Opinion Delivered November 6, 2024
APPELLANT APPEAL FROM THE DREW COUNTY CIRCUIT COURT V. [NO. 22CR-23-66]
STATE OF ARANSAS HONORABLE ROBERT B. GIBSON III, JUDGE
APPELLEE AFFIRMED
STEPHANIE POTTER BARRETT, Judge
Following a bench trial in the Drew County Circuit Court, appellant Roxanne Scott
was found guilty of one count breaking or entering, a Class D felony, for which she was
sentenced to two years’ imprisonment in the Arkansas Division of Correction, with a four-
year suspended imposition of sentence; and one count of theft of property valued at less than
one thousand dollars, a Class A misdemeanor, for which she was sentenced to one year in
the county jail. Scott was charged as an accomplice; on appeal, she argues there was
insufficient evidence to support her convictions as an accomplice.1 We affirm.
At trial, Officer James Slaughter of the Tenth Judicial Drug Task Force (“task force”)
testified that the task force utilized the fenced-in portion of the old armory to store forfeitures
1 Scott did not file a timely notice of appeal, but this court granted her motion for rule on clerk on March 27, 2024. of seized vehicles and property. Due to break-ins, Officer Slaughter had installed game
cameras on site. On February 26, 2023, at 11:32 p.m., the game camera sent a picture to his
phone showing someone inside the fence carrying something. On further investigation,
officers found David Christen hanging underneath a bus parked in the fenced lot. Officer
Slaughter stated that the gate to the lot was chained with two locks, and one lock appeared
to have been cut by bolt cutters. The officers found catalytic converters that had been
removed from vehicles at the lot, a Sawzall, and a bag of tools inside the fenced lot.
According to Officer Slaughter, after Christen was taken into custody, a text message
was sent to his cell phone from “Roxanne” advising him to let her know when he was ready.
Officer Slaughter, who was familiar with Roxanne Scott based on his employment with the
task force, believed Scott was the person who sent the text. While patrolling the area around
the armory, Officer David Menotti came into contact with Scott, who was driving Christen’s
vehicle; Officer Menotti conducted a traffic stop and searched Christen’s vehicle, which
revealed a set of bolt cutters in the back seat of the car. Officer Slaughter testified that he
believed those bolt cutters were used to cut the lock on the armory gate.
Scott was arrested and taken to the county jail, where Officer Slaughter interviewed
her; the taped interview was played for the circuit court. Scott acted surprised Christen was
found under a bus; she claimed he was at the armory to change an alternator. Officer
Slaughter told Scott Christen was cutting catalytic converters off of vehicles; Christen had
told him Scott knew what he was doing; and she had dropped him off and picked him up
after he was done. While Scott did not deny that she had dropped Christen off at the
2 armory, she continued to maintain that he was there to change an alternator; she said that
she had used Christen’s vehicle to go see a guy named Jason, and she had come back to pick
Christen up when he texted her that he was ready. Scott told Officer Slaughter that Christen
had driven to the armory; that she had been on the phone and only gotten in the driver’s
seat after she ended her call; and that she had not seen Christen cut the lock and put the
bolt cutters back in the vehicle before she left. When Officer Slaughter asked Scott what she
thought when Christen had gotten out of the vehicle with a jack, Scott replied that she had
not paid any attention, that Christen was a mechanic and worked on vehicles all the time.
When asked if he was concerned about the veracity of Scott’s statement, Officer Slaughter
said that he believed that if Scott thought Christen was at the armory legally, she would have
stopped when she saw the officers’ vehicles in front of the armory; instead, she kept driving
until she was stopped by Officer Menotti. He opined it would have been impossible for
Scott not to have known Christen cut the lock on the gate, as it was either done by bolt
cutters, which had been returned to the vehicle, or by the Sawzall, which would have made
a lot of noise.
The State rested after Officer Slaughter’s testimony, and Scott moved for dismissal of
both charges. She argued that there was no allegation she was actually involved in the theft
or that she had broken into the property; rather, the only allegation was that she drove
Christen to the premises for the purpose of committing a theft. She asserted there was no
evidence she had knowledge that Christen intended to commit a crime at the armory; while
there were allegations that perhaps she should have known something was going on if she
3 had been more observant, that did not prove she aided and abetted Christen in the
commission of a crime.
The State responded that circumstantial evidence supported the allegation that Scott
had knowledge of what Christen planned to do—it was not reasonable to believe that he was
at the armory at 11:30 p.m. to fix an alternator; that he had either cut the lock with bolt
cutters and put them back in the car, or he used a Sawzall; that he had carried large bags into
a locked, fenced-in area while she drove off; and that Scott had arrived back at the armory
within ten minutes of sending Christen a text asking if he was ready.
In denying the motion to dismiss, the circuit court noted that Christen was inside the
fenced storage lot; the gate lock had been cut off; Christen was found under a bus with tools
and catalytic converters that had been cut off vehicles; Scott had texted Christen to see if he
was ready to be picked up; when Scott arrived at the armory, she continued to drive when
she saw law enforcement officers and did not stop until she was pulled over; and bolt cutters
were found inside the car. Scott also argued that there was no proof that a theft had occurred
because Christen was still on the property and nothing had been taken; alternatively, even if
there was a theft, the State had failed to prove the value of the property. In denying the
motion to dismiss the theft-of-property charge, the circuit court found that there were two
catalytic converters on the ground that “didn’t fall out of the sky,” and everyone knew that
their value was “substantial”; however, the circuit court refused the State’s offer to reopen
the case to put on proof of value and decreased the theft-of-property offense from a felony
to a misdemeanor. The circuit court found Scott guilty of both breaking or entering and
4 misdemeanor theft of property, stating that guilt was the only logical conclusion and that
Scott’s explanation was not even a good lie; rather, it was an insult to an ordinary person’s
intelligence.
A motion to dismiss in a bench trial, like a motion for directed verdict in a jury trial,
is considered a challenge to the sufficiency of the evidence; in reviewing a sufficiency
challenge, this court views the evidence in the light most favorable to the State, considering
only evidence that supports a finding of guilt. Roberts v. State, 2022 Ark. App. 149, 643
S.W.3d 843. We will affirm a conviction if substantial evidence—evidence of sufficient force
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Cite as 2024 Ark. App. 549 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-24-115
ROXANNE SCOTT Opinion Delivered November 6, 2024
APPELLANT APPEAL FROM THE DREW COUNTY CIRCUIT COURT V. [NO. 22CR-23-66]
STATE OF ARANSAS HONORABLE ROBERT B. GIBSON III, JUDGE
APPELLEE AFFIRMED
STEPHANIE POTTER BARRETT, Judge
Following a bench trial in the Drew County Circuit Court, appellant Roxanne Scott
was found guilty of one count breaking or entering, a Class D felony, for which she was
sentenced to two years’ imprisonment in the Arkansas Division of Correction, with a four-
year suspended imposition of sentence; and one count of theft of property valued at less than
one thousand dollars, a Class A misdemeanor, for which she was sentenced to one year in
the county jail. Scott was charged as an accomplice; on appeal, she argues there was
insufficient evidence to support her convictions as an accomplice.1 We affirm.
At trial, Officer James Slaughter of the Tenth Judicial Drug Task Force (“task force”)
testified that the task force utilized the fenced-in portion of the old armory to store forfeitures
1 Scott did not file a timely notice of appeal, but this court granted her motion for rule on clerk on March 27, 2024. of seized vehicles and property. Due to break-ins, Officer Slaughter had installed game
cameras on site. On February 26, 2023, at 11:32 p.m., the game camera sent a picture to his
phone showing someone inside the fence carrying something. On further investigation,
officers found David Christen hanging underneath a bus parked in the fenced lot. Officer
Slaughter stated that the gate to the lot was chained with two locks, and one lock appeared
to have been cut by bolt cutters. The officers found catalytic converters that had been
removed from vehicles at the lot, a Sawzall, and a bag of tools inside the fenced lot.
According to Officer Slaughter, after Christen was taken into custody, a text message
was sent to his cell phone from “Roxanne” advising him to let her know when he was ready.
Officer Slaughter, who was familiar with Roxanne Scott based on his employment with the
task force, believed Scott was the person who sent the text. While patrolling the area around
the armory, Officer David Menotti came into contact with Scott, who was driving Christen’s
vehicle; Officer Menotti conducted a traffic stop and searched Christen’s vehicle, which
revealed a set of bolt cutters in the back seat of the car. Officer Slaughter testified that he
believed those bolt cutters were used to cut the lock on the armory gate.
Scott was arrested and taken to the county jail, where Officer Slaughter interviewed
her; the taped interview was played for the circuit court. Scott acted surprised Christen was
found under a bus; she claimed he was at the armory to change an alternator. Officer
Slaughter told Scott Christen was cutting catalytic converters off of vehicles; Christen had
told him Scott knew what he was doing; and she had dropped him off and picked him up
after he was done. While Scott did not deny that she had dropped Christen off at the
2 armory, she continued to maintain that he was there to change an alternator; she said that
she had used Christen’s vehicle to go see a guy named Jason, and she had come back to pick
Christen up when he texted her that he was ready. Scott told Officer Slaughter that Christen
had driven to the armory; that she had been on the phone and only gotten in the driver’s
seat after she ended her call; and that she had not seen Christen cut the lock and put the
bolt cutters back in the vehicle before she left. When Officer Slaughter asked Scott what she
thought when Christen had gotten out of the vehicle with a jack, Scott replied that she had
not paid any attention, that Christen was a mechanic and worked on vehicles all the time.
When asked if he was concerned about the veracity of Scott’s statement, Officer Slaughter
said that he believed that if Scott thought Christen was at the armory legally, she would have
stopped when she saw the officers’ vehicles in front of the armory; instead, she kept driving
until she was stopped by Officer Menotti. He opined it would have been impossible for
Scott not to have known Christen cut the lock on the gate, as it was either done by bolt
cutters, which had been returned to the vehicle, or by the Sawzall, which would have made
a lot of noise.
The State rested after Officer Slaughter’s testimony, and Scott moved for dismissal of
both charges. She argued that there was no allegation she was actually involved in the theft
or that she had broken into the property; rather, the only allegation was that she drove
Christen to the premises for the purpose of committing a theft. She asserted there was no
evidence she had knowledge that Christen intended to commit a crime at the armory; while
there were allegations that perhaps she should have known something was going on if she
3 had been more observant, that did not prove she aided and abetted Christen in the
commission of a crime.
The State responded that circumstantial evidence supported the allegation that Scott
had knowledge of what Christen planned to do—it was not reasonable to believe that he was
at the armory at 11:30 p.m. to fix an alternator; that he had either cut the lock with bolt
cutters and put them back in the car, or he used a Sawzall; that he had carried large bags into
a locked, fenced-in area while she drove off; and that Scott had arrived back at the armory
within ten minutes of sending Christen a text asking if he was ready.
In denying the motion to dismiss, the circuit court noted that Christen was inside the
fenced storage lot; the gate lock had been cut off; Christen was found under a bus with tools
and catalytic converters that had been cut off vehicles; Scott had texted Christen to see if he
was ready to be picked up; when Scott arrived at the armory, she continued to drive when
she saw law enforcement officers and did not stop until she was pulled over; and bolt cutters
were found inside the car. Scott also argued that there was no proof that a theft had occurred
because Christen was still on the property and nothing had been taken; alternatively, even if
there was a theft, the State had failed to prove the value of the property. In denying the
motion to dismiss the theft-of-property charge, the circuit court found that there were two
catalytic converters on the ground that “didn’t fall out of the sky,” and everyone knew that
their value was “substantial”; however, the circuit court refused the State’s offer to reopen
the case to put on proof of value and decreased the theft-of-property offense from a felony
to a misdemeanor. The circuit court found Scott guilty of both breaking or entering and
4 misdemeanor theft of property, stating that guilt was the only logical conclusion and that
Scott’s explanation was not even a good lie; rather, it was an insult to an ordinary person’s
intelligence.
A motion to dismiss in a bench trial, like a motion for directed verdict in a jury trial,
is considered a challenge to the sufficiency of the evidence; in reviewing a sufficiency
challenge, this court views the evidence in the light most favorable to the State, considering
only evidence that supports a finding of guilt. Roberts v. State, 2022 Ark. App. 149, 643
S.W.3d 843. We will affirm a conviction if substantial evidence—evidence 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—exists to support it. Id. Circumstantial
evidence may provide a basis to support a conviction, but it must be consistent with the
defendant’s guilt and inconsistent with any other reasonable conclusion; whether the
evidence excludes every other hypothesis is left to the fact-finder to decide. Id. Credibility
of witnesses is also an issue for the fact-finder, who is free to believe all or part of any witness’s
testimony and resolves questions of conflicting testimony and inconsistent evidence. Id.
A person commits the offense of breaking or entering if, for the purpose of
committing a theft or felony, he or she breaks or enters into any building, structure, or
vehicle. Ark. Code Ann. § 5-39-202(a)(1) (Repl. 2013). A person commits the offense of
theft of property if he or she knowingly takes or exercises control over or makes an
unauthorized transfer of an interest in the property of another person with the purpose of
depriving the owner of the property. Ark. Code Ann. § 5-36-103(a)(1) (Supp. 2023).
5 When two or more persons assist one another in the commission of a crime, each is
an accomplice and criminally liable for the conduct of both; Arkansas law makes no
distinction between the criminal liability of a principal and an accomplice. Wilson v. State,
2016 Ark. App. 218, 489 S.W.3d 716. A person is an accomplice of another person in the
commission of an offense if, with the purpose of promoting or facilitating the commission
of an offense, the person solicits, advises, encourages, or coerces the other person to commit
the offense; or if the person aids, agrees to aid, or attempts to aid the other person in
planning or committing the offense. Ark. Code Ann. § 5-2-403(a)(1)–(2) (Repl. 2013).
Relevant factors in determining whether a person is an accomplice include the presence of
the accused near the crime, the accused’s opportunity to commit the crime, and association
with a person involve in the crime in a manner suggestive of joint participation. Wilson,
supra. One cannot disclaim accomplice liability simply because he or she did not personally
take part in every act that went to make up the crime as a whole. Baker v. State, 2021 Ark.
App. 117, 618 S.W.3d 462.
Scott cites Wray v. State, 2023 Ark. App. 465, 678 S.W.3d 431, for the proposition
that accomplice liability requires more than just being present at the crime scene. While this
is true, as in Wray, Scott was not merely present at the crime scene. The circuit court found
that there was only one logical conclusion: that Scott was Christen’s accomplice. The circuit
court found that Scott was “the drop-off person for a man who’s going into a secure facility
to probably cut off everything of value that he could cut off, and she was going to come back
and pick him up, and they would be gone,” noting that while Christen had the tools and
6 knowledge to remove the catalytic converters, he could not pull off the job “without someone
else bringing him to the scene and making a lap, so to speak, until he’s finished.” Scott aided
Christen in the commission of the crimes of breaking or entering and misdemeanor theft of
property by being his driver. Her argument that she was unaware of Christen’s intent to
commit a crime is not persuasive. It is clear from the circuit court’s statements that it did
not believe Scott’s version of events. It is the fact-finder’s duty to determine witness
credibility and to resolve any conflicting testimony and inconsistent evidence. Roberts, supra.
Affirmed.
GRUBER and MURPHY, JJ., agree.
Dusti Standridge, for appellant.
Tim Griffin, Att’y Gen., by: David L. Eanes, Jr., Ass’t Att’y Gen., for appellee.