Wallace v. State

2009 Ark. 90, 302 S.W.3d 580, 2009 Ark. LEXIS 272
CourtSupreme Court of Arkansas
DecidedFebruary 26, 2009
DocketNo. CR 08-112
StatusPublished
Cited by23 cases

This text of 2009 Ark. 90 (Wallace 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
Wallace v. State, 2009 Ark. 90, 302 S.W.3d 580, 2009 Ark. LEXIS 272 (Ark. 2009).

Opinion

ANNABELLE CLINTON IMBER, Justice.

| Appellant Timothy Wallace was convicted by a Saline County jury of two counts of capital murder in the deaths of Brandy Wallace and Billy Hassel. Wallace was sentenced to two consecutive terms of life imprisonment without the possibility of parole. He now appeals, alleging that the circuit court erred in denying the following six motions: 1) the motion to suppress statements he made during a 911 call; 2) a motion for continuance; 3) the motion for change of venue; 4) a motion for mistrial; 5) the motion to suppress his statement to police; and 6) his motion for directed verdict. Because Wallace was sentenced to life imprisonment, our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(a)(2) (2008). We find no error and affirm.

At approximately 2:23 to 2:26 a.m. on June 26, 2005, Wallace placed a call to 911 |2and advised that he had shot his former wife and a male of her acquaintance. He continued his conversation with 911 dispatch for several hours, threatening to commit suicide and refusing to divulge his location. Deputies with the Saline County Sheriffs Office initiated a search. At approximately 5:30 a.m., Sergeant Mark Kyzer located Wallace in his parked pick-up truck in a rural section of Saline County. The call was transferred from 911 dispatch to Kyzer. Approximately one hour after Kyzer’s arrival, several more deputies arrived on the scene and were instructed by Wallace, through his telephone conversation with Kyzer, to keep at a distance. At approximately 10:15 a.m., after Wallace had spoken with Kyzer for several hours, Detective Michael Frost initiated a conversation with Wallace and persuaded him to surrender. Frost and Kyzer transported Wallace to the Benton Police Department, which had jurisdiction over the investigation of the shootings.

Starting at 11:40 a.m. on the same date, Wallace was questioned at the Benton Police Department by Detective Patrick Baker, who was later joined by Prosecutor Robert Herzfeld. After being read his Miranda rights and signing a waiver-of-rights form, Wallace stated that he had gone to the home he used to share with Brandy without knowing that Hassel was there. He had given Brandy the marital residence in their uncontested divorce, and the divorce decree was filed only nine days earlier. Wallace offered alternating reasons for going to the house, stating that he wanted to retrieve some of his personal belongings, that he wanted to talk to Brandy, that the two had planned to spend the next day together with their children, and that he wanted to get his pistol so that he could kill himself. According |sto Wallace, Brandy initially refused to let him enter the home and then argued with him upon his entry. He claimed that he attempted to leave after retrieving his gun from a bedroom, but was physically attacked by Brandy, who began calling for Hassel. Hassel then attacked Wallace as well. Wallace opened the box containing the gun and began hitting Hassel on the head with the gun. He then removed the gun’s lock, discarded the empty clip, loaded the gun, and began firing. After the initial shooting, Hassel “was trying to get up and said, ‘I’m gonna kill you. I’m gonna kill you,’ ” whereupon Wallace shot Hassel again. He stated that he thought he had shot Brandy accidentally. After the shooting, Wallace left in his truck and called 911 immediately from his cell phone. During the course of the interrogation at the police department, he wrote out a statement to the same effect.''

According to Dr. Daniel Konzelmann, an associate medical examiner at the Arkansas State Crime Laboratory, Brandy suffered four gunshot wounds: one to the right thumb, characterized as a minor injury; one flesh wound to the right shoulder; one serious wound to the right upper arm that was possibly survivable; and one life-threatening wound to the right upper chest. There were also four exit wounds. In the‘ medical examiner’s opinion, the wounds to the thumb and shoulder could have been caused by a single shot. As a result of the wounds, she suffered damage to her lung and a perforated artery, which resulted in a lack of blood flow to the brain. Dr. Konzelmann testified that she probably lost consciousness in less than one minute. Approximately four to six additional minutes would have elapsed before irreversible brain injury set in.

RHassel sustained three gunshot wounds: one flesh wound to the left lower arm, one life-threatening wound to the left lower neck, and another life-threatening wound to the left upper neck, which would have caused a loss of motor functions and a complete inability to defend himself. There were three exit wounds, with the bullet from his left lower neck lodged just under the skin of his right chest. Hassel also suffered blunt force trauma, with scrapes to his forehead, a laceration to the back of his head, and a skin tear over the back of his neck. Dr. Konzelmann stated that these injuries could be considered consistent with the butt of a gun.

Jim Looney, a firearm and tool mark examiner with the Arkansas State Crime Laboratory, testified that three of four bullets recovered from the scene had been fired from Wallace’s gun. Another bullet was too damaged to make a determination. He further testified that seven shell casings recovered from the scene had been discharged from Wallace’s gun.

Wallace was charged with the murders on August 9, 2005. The information alleged that he had caused the deaths of Brandy Wallace and Billy Hassel with the premeditated and deliberated purpose of doing so, in violation of Arkansas Code Annotated section 5 — 10—101(a)(4) (Supp. 2005). The information was subsequently amended three times, to reflect that the State would seek the death penalty, to add a firearm enhancement, and to add the charge of failure to appear. The failure-to-appear charge was later nolle prossed, pursuant to Wallace’s motion for severance. As a result of Wallace’s flight to Canada and sub sequent | ¡¡extradition, the State was forced to waive the death penalty. Wallace’s trial was held on June 12, 13, and 14 of 2007. The circuit court accepted the jury’s recommendation of consecutive life sentences without the possibility of parole. The jury found that Wallace had employed a firearm in the commission of the murders, but the State later waived the firearm enhancement. Wallace filed a timely notice of appeal of the judgment and commitment order.

Motion for Directed Verdict

Wallace asserts on appeal that the circuit court erred in failing to grant his directed-verdict motion. The crux of his argument is that he lacked the requisite premeditation and deliberation for capital murder. He contends that he caused Has-sel’s death in self-defense and that Brandy’s death was an accident. Although Wallace raises this issue as his final point on appeal, double-jeopardy concerns require that we review arguments regarding the sufficiency of the evidence first. Bol-din v. State, 373 Ark. 295, 297, 283 S.W.3d 565, 567 (2008).

An appeal from a denial of a motion for directed verdict is a challenge to the sufficiency of the evidence. Price v. State, 373 Ark. 435, 438, 284 S.W.3d 462, 465 (2008). When reviewing a challenge to the sufficiency of the evidence, this court determines whether the verdict was supported by substantial evidence, direct or circumstantial. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lazarus Reaves v. State of Arkansas
2025 Ark. 202 (Supreme Court of Arkansas, 2025)
Delvin Neal v. State of Arkansas
2020 Ark. App. 417 (Court of Appeals of Arkansas, 2020)
Lovett v. State
2019 Ark. App. 261 (Court of Appeals of Arkansas, 2019)
Gill v. State
2015 Ark. 421 (Supreme Court of Arkansas, 2015)
Pedraza v. State
2015 Ark. App. 205 (Court of Appeals of Arkansas, 2015)
Holley v. State
2014 Ark. App. 557 (Court of Appeals of Arkansas, 2014)
Mason v. State
2014 Ark. App. 285 (Court of Appeals of Arkansas, 2014)
Breeden v. State
2014 Ark. 159 (Supreme Court of Arkansas, 2014)
Thornton v. State
2014 Ark. 157 (Supreme Court of Arkansas, 2014)
Spearman v. State
2013 Ark. 196 (Supreme Court of Arkansas, 2013)
Fuson v. State
2011 Ark. 374 (Supreme Court of Arkansas, 2011)
Tucker v. State
2011 Ark. 144 (Supreme Court of Arkansas, 2011)
Holloway v. State
379 S.W.3d 696 (Court of Appeals of Arkansas, 2010)
Fernandez v. State
2010 Ark. 148 (Supreme Court of Arkansas, 2010)
Sykes v. State
2009 Ark. 522 (Supreme Court of Arkansas, 2009)
Robertson v. State
2009 Ark. 430 (Supreme Court of Arkansas, 2009)
Jackson v. State
2009 Ark. 336 (Supreme Court of Arkansas, 2009)
Hinojosa v. State
2009 Ark. 301 (Supreme Court of Arkansas, 2009)
State v. Brown
2009 Ark. 202 (Supreme Court of Arkansas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
2009 Ark. 90, 302 S.W.3d 580, 2009 Ark. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-ark-2009.