Skomp v. State

374 S.W.3d 779, 2010 Ark. App. 313, 2010 Ark. App. LEXIS 330
CourtCourt of Appeals of Arkansas
DecidedApril 14, 2010
DocketNo. CA CR 09-1185
StatusPublished

This text of 374 S.W.3d 779 (Skomp v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skomp v. State, 374 S.W.3d 779, 2010 Ark. App. 313, 2010 Ark. App. LEXIS 330 (Ark. Ct. App. 2010).

Opinion

M. MICHAEL KINARD, Judge.

|! Steven Ray Skomp appeals from his conviction by a Bradley County jury on one count of abuse of an impaired person, D felony. On appeal, appellant challenges the sufficiency of the evidence to support his conviction. We affirm the judgment of the trial court.

On July 9, 2008, the State filed an amended felony information in which it charged appellant, Curtis Klines, Susie Klines, and Charles Skomp with one count each of abuse of an impaired person, B felony, and first-degree false imprisonment. Prior to trial, the State withdrew the first-degree false-imprisonment charge. At trial, Jeremy Chapman, who worked as a patrolman for the Warren Police Department in April and early May of 2008, testified that he was called to a hospital to take a report from Brenda Klines. After he spoke with Brenda, he contacted the Arkansas Department of Human Services (DHS). He then ^accompanied workers from DHS to the Klines residence. Chapman was present when the DHS workers interviewed the defendants. According to Chapman, appellant told the workers that he would make Brenda stand up against the wall on the tips of her toes and stretch her arms out as far as she could when she took his candy or his cell phone. Chapman testified that the workers asked him to take into evidence a piece of wood and a belt that were found in the home.

Mark Wargo, who is a licensed psychological examiner, performed a psychological evaluation of Brenda Klines. Wargo testified that when he evaluated Brenda, she appeared older than her stated age. According to Wargo, Brenda also appeared undernourished, with low body weight and multiple bruises on her body. Wargo stated that he believed Brenda’s skin sagged more than one would expect for a forty-nine-year-old female. Wargo testified that his examination found that Brenda met the criteria for moderate mental retardation. Wargo stated that Brenda functioned at a second-grade educational level. Wargo testified that Brenda told him the bruises occurred when she tripped over a bucket and fell; however, Wargo felt that the bruising covered more areas of her body than would have been caused by a single incident.

Shawn Hildreth, a criminal investigator with the Warren Police Department, testified that Susie Klines told him that Brenda would be made to stand in the corner facing the wall for long periods of time, up to two hours, and sometimes on one leg, for taking food and not cleaning the residence thoroughly. Hildreth testified that he attempted on one occasion during |shis investigation to stand on one leg, and was only able to do so for approximately thirteen minutes. Susie Klines also told Hil-dreth that the trailer in which Brenda stayed at night was sometimes locked in order to keep Brenda from coming out and taking food and to keep Brenda’s sister out of the trailer. Susie then stated that they would only lock the trailer when they would leave to go run errands. Appellant also told Hildreth that Brenda would be forced to stand in the corner for up to an hour, sometimes on one leg. Appellant also said that he assumed Brenda’s trailer was locked at night. Appellant told Hil-dreth he was not aware of Brenda ever falling down. Hildreth testified that all of the family members he interviewed said that Brenda’s trailer had no electricity or running water, that Brenda had been provided a five-gallon bucket to use as a toilet, and that she had a box fan to keep cool that was powered by an extension cord running from the house.

Denise Wright Smith, who was one of the DHS workers who interviewed the other adults in the Klines household, testified that when she saw Brenda Klines, she observed “a very malnourished, frail, thin woman, quite scary looking.” Curtis Klines told the workers that if Brenda got into food or other things they did not want her to get into, they disciplined her by “whupping” her. He claimed that the board and belt were used to discipline the family’s cat. Both of the Klineses told the workers that Brenda had behavior problems and would sometimes get out of control. They also said that Brenda did not need to eat sugar or salt due to health conditions. The refrigerator in Brenda’s trailer was empty and the bathroom 14door was screwed shut. Charles Skomp told the workers that they would have Brenda stand in a corner on her tiptoes, and appellant confirmed that.

Dr. David Foscue testified that Brenda had been a patient of his for several years. Dr. Foscue testified that Brenda would present with malnutrition and some dehydration and that he addressed those issues with the Klineses. Dr. Foscue stated that Brenda’s bruising would not have happened from a fall. Dr. Foscue could not determine exactly what happened to Brenda, but he was adamant that it was not a fall. Dr. Foscue also determined that Brenda’s injuries were not the result of a seizure. Dr. Foscue testified that Brenda told him that she did not want to go home because she would “get a whupping.” Dr. Foscue further testified that Brenda told her that “Mamma or Daddy” would “whup” her with a belt or a paddle and that “the boys” would hold her down when she got a “whupping.” The last time that it happened was a week before Brenda went into the hospital.

Brenda’s sister, Louise Pitts, testified that Brenda came to live with her after she got out of the hospital. Pitts testified that when Brenda first came to her home, Brenda was terrified and had nightmares. She also stated that Brenda ate constantly. According to Pitts, Brenda weighed approximately 100 pounds when she first came to stay with her and 145 pounds a few weeks prior to the trial.

After the State rested its case, appellant made a motion for directed verdict. Appellant argued in his motion that the State failed to prove the following elements of the offense with which he was charged: 1) that Brenda was an adult; 2) that Brenda was unable to protect |5herself from abuse; 3) that appellant was Brenda’s caregiver; 4) that appellant abused Brenda; 5) that any abuse caused injury to Brenda; and 6) that Brenda sustained serious injury. The trial court ruled that, viewing the evidence in the light most favorable to the State, appellant assumed the position of caregiver to Brenda, Brenda was an impaired or endangered person, and Brenda sustained physical injury. The court agreed with appellant that the State failed to prove that any abuse resulted in serious physical injuries, so it reduced the charge from a B felony to a D felony. Following the guilt phase of the trial, the jury returned a verdict of guilty on the charge of abuse of an impaired person, D felony. In a judgment and commitment order entered May 7, 2009, the trial court sentenced appellant to seventy-two months’ imprisonment in the Arkansas Department of Correction. Appellant filed a timely notice of appeal on May 19, 2009.

Appellant argues on appeal that the trial court erred by denying his motion for a directed verdict. Motions for directed verdict and motions to dismiss are treated as challenges to the sufficiency of the evidence. Wertz v. State, 374 Ark. 256, 287 S.W.3d 528 (2008). The test for determining the sufficiency of the evidence is whether the verdict is supported by substantial evidence, direct or circumstantial. Id. Evidence is substantial if it is of sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. Id.

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Bluebook (online)
374 S.W.3d 779, 2010 Ark. App. 313, 2010 Ark. App. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skomp-v-state-arkctapp-2010.