Wells v. State

411 S.W.3d 211, 2012 Ark. App. 276, 2012 WL 1327798, 2012 Ark. App. LEXIS 387
CourtSupreme Court of Arkansas
DecidedApril 18, 2012
DocketNo. CA CR 11-769
StatusPublished
Cited by1 cases

This text of 411 S.W.3d 211 (Wells 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
Wells v. State, 411 S.W.3d 211, 2012 Ark. App. 276, 2012 WL 1327798, 2012 Ark. App. LEXIS 387 (Ark. 2012).

Opinion

WAYMOND M. BROWN, Judge.

11Appellant Cordell Wells, Jr., was convicted by a Mississippi County jury of first-degree murder, carrying a prohibited weapon, and fleeing. He also received a firearm enhancement. He was sentenced to an aggregate of fifty-five years’ imprisonment. He argues on appeal that the court erred by denying him his fundamental right to a fair trial and that it erred by denying his motion for directed verdict. We find no error and affirm.

On November 6, 2009, Wells fatally shot Wale Adelowo in the carport of Adelowo’s home. Officer Terry Byrd of the Blythe-ville Police Department testified that he was the first officer on the scene. He stated that when he made it to Adelowo’s house, Adelowo was breathing, but was not responding. He said that he noticed blood but no injuries on Adelowo. Officer Byrd stated that once paramedics arrived, he along with other officers began securing the perimeter. He said that while he was at the scene, he helped remove a |2bullet from the driver’s side door of a Camaro parked in Adelowo’s carport. Officer Danny Bishop testified that he was the second officer on the scene. He said that once he got there, he noticed wounds to Adelowo’s lower body, hips, and hands. He stated that he recovered between five to eight shell casings next to a privacy fence separating Adelowo’s property from his neighbor’s property.

Shayla Adelowo testified that she was the victim’s wife. According to Mrs. Ade-lowo, she was inside on the phone when Adelowo was shot. Mrs. Adelowo said that Adelowo had been outside washing his car on the evening of November 6, 2009. She stated that she dropped the phone when she heard the shots and went outside to see what had happened. She testified that she found her husband lying between the porch and the carport. Mrs. Adelowo said that she placed a comforter over Ade-lowo. She denied seeing anyone outside with Adelowo that evening. On cross-examination, she stated that she did not know what happened or who shot Adelowo. She also said that Adelowo did not have any work or financial problems to her knowledge.

Dale Robinson testified that he saw Ade-lowo in his carport talking to someone on the evening of November 6, 2009. He stated that the two men looked like they were just talking and that he did not see anything strange about it. He said that he had to sit at the stop sign at the intersection of Leawood and Moultrie for a few minutes because “there was a lot of traffic that night.” He testified that he heard gunshots, looked over his shoulder, and saw Adelowo fall. Mr. Robinson stated that after that, a “fellow” ran up to the Robinson’s vehicle and placed his hand on the front end of the vehicle. He said that the person looked [sat his wife and him and continued .running across the street. Mr. Robinson testified that he did not know what the person looked like but that he “had on a camouflaged jacket and a white hoodie or scarf over his head.” He stated that he called 9-1-1 and backed up to Adelowo’s house to get someone’s attention. On cross-examination, Mr. Robinson said that Adelowo waved at him when he was turning the corner. He admitted that he did not see the shooting and that he did not know what transpired between Adelo-wo and Wells during the five to seven minutes he sat at the stop sign.

Maudie Robinson testified that she was in the vehicle with her husband on the evening of November 6, 2009. She stated that she saw Adelowo talking to someone as they turned onto Leawood. She said that she heard some shots and turned back in time to see Adelowo fall to the ground. According to Mrs. Robinson, she told her husband, “he shot him.” Mrs. Robinson testified that she then saw the individual running with what she assumed was a gun in his hand. She stated that the shooter was wearing a camouflage jacket.

Sergeant Kyle Lively testified that he was home, about two blocks from Adelo-wo’s home, on the evening of November 6, 2009. According to Sergeant Lively, he heal'd several gunshots and walked outside. He stated that he saw someone run across the street with a gun in his hand. Sergeant Lively stated that he called in the shots fired and then got in his vehicle to “try to intercept the subject that was running.” He said that he got out of his vehicle and gave Wells a command to stop.1 At that time, Wells kicked off his shoes and started running. 14Sergeant Lively stated that he caught Wells a short distance later and was able to handcuff him once another unit arrived. He testified that when Wells was lifted, a Glock pistol was found underneath him. He stated that the gun found with Wells was the same type carried by police officers. He said that the slide of the gun was locked to the rear indicating that “all of the rounds have been fired out of that, out of the weapon.”

On cross-examination, Sergeant Lively testified that when he first saw Wells, Wells was walking. Once he made contact with Wells and asked him to stop, Wells kicked off his shoes and started running. He said that Wells’s gun had a fifteen-round magazine.

Detective Jason Eddings testified that he found seven .40 caliber spent shell casings at the scene. He stated that he also went to the scene of Wells’s arrest and “observed two brown work-style type boots and a Glock 22 model .40 caliber handgun.” He said that he made contact with Wells at the police department and that he did not notice any injuries on Wells.

On cross-examination, Detective Ed-dings stated that if Wells had been injured, a medic or ambulance would have been called to that location. He said that there was a bullet in the driver’s side door of the Camaro in Adelowo’s carport. He also stated that there was not a gun “in plain view” in the Camaro but that he could not say that there was not a gun in the vehicle. Detective Eddings testified that five shell casings were found on one side of the privacy fence and two on the other side. On redirect, Detective Ed-dings said that he never received any information that the victim had a gun that day.

|fiAccording to Dr. Daniel Konzelmann, an associate medical examiner at the Arkansas State Crime Laboratory, Adelowo suffered eight gunshot wounds: one to the middle of the back, which was recovered in the right chest; one to the left hip, which came to rest in the mid-line of the left buttock; one to the inside of the mid-line side of the right buttock; one to the inside back of the right thigh, which exited the front of the right thigh; one to the left abdomen, which passed through the tail of the pancreas, the stomach, left liver lobe, and then entered the right heart, passed in front of the right lung and into the right upper chest wall muscle and came to rest below the right clavicle; one to the right lower arm, which exited close to the elbow; one to the left lower abdomen, which came to rest in the muscles along the lower part of the spine called the iliopsoas; and one to the left hand, which came out of the palm.2 As a result of the wounds, Adelowo suffered internal injuries to his subcutaneous tissues, muscle, liver, pancreas, diaphragm, and right heart ventricle. The cause of death was multiple gunshot wounds, and the manner of death was homicide. The medical report stated that Adelowo was shot at close range.

On cross-examination, Dr. Konzelmann stated that he also found evidence of blunt-force injury: scrapes of the left knee and scratches and an abrasion on the inside of the left wrist.

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Bluebook (online)
411 S.W.3d 211, 2012 Ark. App. 276, 2012 WL 1327798, 2012 Ark. App. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-ark-2012.