Jermeill Ryan v. State of Arkansas
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NOT DESIGNATED FOR PUBLICATION
DIVISION I
CACR07262
NOVEMBER 7, 2007
JERMEILL RYAN
APPELLANT
V.
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CR054846]
HON. JOHN W. LANGSTON,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
Jermeill Ryan was convicted of aggravated assault in a bench trial in the Pulaski
County Circuit Court. He was sentenced to three years’ probation and a fine of $500. On
appeal he challenges the sufficiency of the evidence to support his conviction. Finding no
merit to his arguments, we affirm the conviction.
Late in the morning of September 29, 2005, Ryan went to the Sherwood apartment
of his exgirlfriend, Mary McClure, to retrieve a lawn chair from her. Ryan admits that the
couple argued inside the apartment and continued arguing in the parking lot. He also admits
pulling a loaded handgun from beneath the driver’s seat of his car and telling McClure that
he would use it to shoot her new boyfriend if he came to Ryan’s house. Ryan asserts,
however, that he did not point the gun at McClure and that, even assuming that it was
pointed at her, the State did not prove that he acted purposely.
The crime of aggravated assault is governed by Ark. Code Ann. § 513204(a) (Repl.
2005), which reads as follows:
A person commits aggravated assault if, under circumstances manifesting
extreme indifference to the value of human life, he or she purposely:
(1) Engages in conduct that creates a substantial danger of death
or serious physical injury to another person; or
(2) Displays a firearm in such a manner that creates a substantial
danger of death or serious physical injury to another person.
A person acts purposely with respect to his or her conduct or a result of his or her conduct
when it is the person’s conscious object to engage in conduct of that nature or to cause the
result. Ark. Code Ann. § 52202(1).
When an appellant challenges the sufficiency of the evidence that led to his
conviction, the evidence is viewed in the light most favorable to the State, and only the
evidence supporting the verdict will be considered. Loar v. State, ___ Ark. ___, ___ S.W.3d
___ (Nov. 30, 2006). The appellate court will affirm a judgment of conviction if there is
substantial evidence to support it. Id. Substantial evidence is evidence of sufficient force
and character that it will, with reasonable certainty, compel a conclusion one way or the
other, without resort to speculation or conjecture. Id.
A criminal defendant’s intent or state of mind is rarely capable of proof by direct
evidence and usually must be inferred from the circumstances of the crime; deliberation may
be inferred from the conduct of the accused. Chase v. State, 334 Ark. 274, 973 S.W.2d 791
(1998). Thus, a presumption exists that a person intends the natural and probable
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consequences of his acts because of the difficulty in ascertaining a person’s intent.
Alexander v. State, 78 Ark. App. 56, 77 S.W.3d 544 (2002).
The State’s evidence at trial included testimony by McClure, Staff Sergeant Joseph
Patrick Becker of the U.S. Air Force, and Detective Chris Kohn of the Sherwood Police
Department. McClure testified that she and Ryan argued “out the door” and “down the
stairs.” She stated:
He got in my face and I know he wanted to hit me, but he wouldn’t. So
he went to the car and pulled out his pistol.
. . . .
When he got the gun he cocked it and pointed it at me, and told me that
he would kill whoever, and that he would also kill me. He would kill my
brothers, he would kill my boyfriend, that if my boyfriend would come to his
house that he would also do something to him, too. And that he would be
watching me, also. When he pointed that, he pointed the gun directly at me.
. . . And I just stood there and held my hands up, and asked him was he going
to shoot me in broad daylight and that man [down the street] was watching.
. . . When he had the gun in his hand he stated that he would kill me. I took
that threat seriously.
McClure testifed that her sevenyearold daughter brought McClure a telephone, that she
called 911, and that Ryan left. The police came and McClure gave them a description of
Ryan’s car.
Staff Sergeant Becker testified that a gate guard stopped Ryan when he came into the
air base from Sherwood and that Becker asked him if he had any weapons in the vehicle.
Ryan said that there were no weapons and gave his consent for Becker to search the car.
Becker found a loaded handgun underneath the driver’s seat: there was a magazine in the gun
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and a round in the chamber. Becker testified that no field weapons were allowed on base and
that a sign posted at the gate stated the prohibition.
Detective Chris Kohn testified that he went to the gate and that Ryan was placed
under arrest. Kohn retrieved from the car the loaded handgun that Becker had found, and
a second magazine was found in the vehicle besides the one that was in the weapon. Kohn
transported Ryan to the police department and advised him of his Miranda rights, which
Ryan waived. Ryan stated that he went to McClure’s apartment to retrieve his lawn chair,
that she confronted him about various incidents and followed him to his car, and that she
threatened to have her brother and friends go to Ryan’s apartment and harm him. Ryan
stated that he pulled his pistol from under the driver’s seat, laid it on the seat beside him, and
told McClure that he would shoot anyone that she might send to his house to harm him.
Ryan told Kohn that he did not point the weapon at McClure, but simply showed it to her.
Ryan testified in his own defense at trial, essentially repeating the statement that he
had given at the police department. Specifically denying that he cocked and pointed the gun
at McClure, he explained that he was on the driver’s side of his car while she was on the
passenger’s side. He said that it had slipped his mind that the gun was under the seat when
he approached the air base gate, and he claimed not to remember telling Becker that there
was no gun in the car.
The credibility of witnesses is an issue for the fact finder and not for the appellate
court. Meadows v. State, 360 Ark. 5, 199 S.W.3d 634 (2004). The fact finder may resolve
questions of conflicting testimony and inconsistent evidence and may choose to believe the
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State’s account of the facts rather than the defendant’s. Id. Here, the State presented
evidence that Ryan pointed a loaded weapon at McClure and verbally threatened to kill her.
Viewing the evidence in the light most favorable to the State, and giving due deference to
the fact finder to determine the credibility of the witnesses, we conclude that there was
substantial evidence to sustain the conviction for aggravated assault.
Affirmed.
GLADWIN and HEFFLEY, JJ., agree.
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CACR07262
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