Summary
The Supreme Court of Arkansas affirmed Ricky Dale Smith’s convictions for capital murder and four counts of committing a terroristic act. The court held that evidence of subsequent aggravated robberies and a later attempted homicide was admissible under Arkansas Rule of Evidence 404(b) to provide context and establish matters including motive, intent, and identity, and it rejected Smith’s arguments that the evidence was unfairly prejudicial.
Topics
Practice areas
Questions Presented
- Whether the circuit court abused its discretion by admitting testimony concerning two subsequent aggravated robberies under Arkansas Rule of Evidence 404(b) to provide context for a witness's relationship with Smith and his alleged confession.
- Whether the circuit court abused its discretion by admitting evidence of a subsequent attempted homicide or drive-by shooting under Rule 404(b) to establish motive, opportunity, intent, and absence of mistake regarding the charged shooting.
- Whether the challenged evidence should have been excluded under Arkansas Rule of Evidence 403 because its prejudicial effect substantially outweighed its probative value.
Holdings
- The circuit court did not abuse its discretion by admitting limited testimony concerning the two subsequent aggravated robberies because the testimony provided context for the relationship between Smith and Larry Taylor and explained why Smith would confide in Taylor about the charged shooting.
- The circuit court did not abuse its discretion by admitting evidence of the subsequent drive-by shooting and attempted homicide because the evidence was independently relevant under Rule 404(b) to show motive, opportunity, intent, and absence of mistake concerning the charged shooting.
- The court declined to consider Smith's undeveloped arguments that the challenged evidence should have been excluded because its prejudicial effect outweighed its probative value.
Key quotations
“Once Taylor explained his connection to appellant, Taylor's testimony provided corroboration of appellant's involvement in the shooting of Kamya and second attempt to murder Jones.” (447)
“The evidence the State presented establishing appellant's alleged participation in a second murder attempt on Jones was clearly independently relevant to show motive, opportunity, intent, and absence of mistake with regard to the shooting that killed Kamya.” (448)
Factual background
Smith was one of three defendants charged in connection with a December 2007 drive-by shooting at a Little Rock residence that killed six-year-old Kamya Weathersby. The State alleged that Antoine Jones was the intended target because of his knowledge concerning an earlier murder. The prosecution introduced evidence of two later aggravated robberies and a May 2008 drive-by shooting directed at Jones, including testimony that Smith confessed to the December shooting and evidence linking him to the later shooting through DNA, an eyewitness identification, ballistics, and a vehicle owned by his father.
Procedural history
Smith was convicted in the circuit court of capital murder and four terroristic acts arising from a drive-by shooting that killed Kamya Weathersby. The circuit court admitted testimony concerning two subsequent aggravated robberies and a subsequent attempted homicide involving Smith. The Supreme Court of Arkansas affirmed the convictions and sentences.