Willie M. Pugh v. State of Arkansas
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ARKANSAS COURT OF APPEALS
SARAH J. HEFFLEY, JUDGE
NOT DESIGNATED FOR PUBLICATION
DIVISION I
CACR 061095
November 14, 2007
WILLIE M. PUGH
APPELLANT
APPEAL FROM THE CIRCUIT COURT OF
MISSISSIPPI COUNTY
[NO. CR200454]
V.
HONORABLE VICTOR LAMONT HILL,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
By felony information, appellant Willie M. Pugh was charged with possession of cocaine with
intent to deliver, possession of marijuana with intent to deliver, tampering with physical evidence,
aggravated assault, and fleeing as a Class D felony. After a jury trial, appellant was found guilty only
of felony fleeing and possession of marijuana, and he was sentenced as an habitual offender to a total
of twelve years in prison. On appeal, appellant contends that the evidence is not sufficient to support
his conviction for fleeing. We affirm.
On December 31, 2003, Scott Creecy, a probation officer, and Officers Jennifer Elphin and
Michael Russell of the Osceola Police Department responded to a call concerning appellant and
directing them to the home of Annie Watkins, who was also known as “Big Sissy.” Because his shift
had just ended, Creecy rode in his personal vehicle, and Officers Elphin and Russell followed in
Elphin’s unmarked police car. When the officers arrived, they observed appellant parked near the
residence in his green Cadillac. Creecy pulled in behind appellant’s vehicle, while Officer Elphin
positioned hers at an angle in front of appellant’s vehicle. Officer Russell, who testified that he and
appellant were well known to one another, exited Elphin’s vehicle and started to approach appellant.
According to the officers, appellant spun out and almost struck Officer Russell as he sped away.
Creecy gave chase, as did Officer Elphin once Officer Russell reentered her vehicle. Elphin’s
vehicle was equipped with lights and a siren, which were activated during the pursuit. Before
appellant stopped at the home of a relative, the chase exceeded speeds of sixty miles an hour through
the residential neighborhood where children and others were milling about, taking advantage of the
holiday and the unusually warm weather for that time of year. There was testimony that appellant
ran stop signs and that he was swerving in and out of parked vehicles and bystanders. One man leapt
off his bicycle to avoid being struck headon by appellant’s vehicle. Creecy discharged his firearm
at appellant’s vehicle during the pursuit.
The jury found appellant guilty of fleeing, which is committed when a person flees by means
of a vehicle, knowing that his immediate arrest or detention is being attempted by a duly authorized
law enforcement officer. Ark. Code Ann. § 554125(a) (Repl. 2005). The jury also determined that
appellant’s act of fleeing was a class D felony, finding that under circumstances manifesting extreme
indifference to the value of human life, appellant purposely operated his vehicle in such a manner that
created a substantial danger of death or serious physical injury to another person. Ark. Code Ann.
§ 554125(d)(2).
Appellant argues on appeal that the jury’s verdict is not supported by substantial evidence
because there was insufficient proof that he knew his arrest or detention by a duly authorized law
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CACR 061095
enforcement officer was eminent. This issue has not been preserved for appeal.
A motion for a directed verdict is the means by which a defendant must challenge the
sufficiency of the evidence. Ark. R. Crim. P. 33.1. Rule 33.1(a) provides that in a jury trial a motion
for a directed verdict must be made at the close of the evidence offered by the prosecution and again
at the close of all evidence. The rule further provides that the failure of a defendant to challenge the
sufficiency of the evidence at the times and in the manner required will constitute a waiver of any
question pertaining to the sufficiency of the evidence to support the verdict. Ark. R. Crim. P. 33.1(c).
In this case, although appellant moved for a directed verdict on the other offenses he was charged
with, he made no motion for a directed verdict with regard to the charge of fleeing. In fact, the
record shows that appellant expressly declined to move for a directed verdict with respect to fleeing,
as shown by the following exchange:
APPELLANT’S COUNSEL: I think that would conclude my
motions.
THE COURT: All right.
PROSECUTING ATTORNEY: So you’re not going to challenge
fleeing?
APPELLANT’S COUNSEL: I could challenge it, but –
PROSECUTING ATTORNEY: Okay.
APPELLANT’S COUNSEL: I don’t need to make one at this point.
Judge, I think I ought to do my proffer at this time.
Because appellant made no motion for a directed verdict concerning the charge of fleeing, he is by
rule precluded from challenging the sufficiency of the evidence with regard to that conviction.
Consequently, we affirm.
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CACR 061095
Affirmed.
GLADWIN and BIRD, JJ., agree.
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CACR 061095
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