Tavarus Montgomery v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, JUDGE
DIVISION II
CACR07693
TAVARUS MONTGOMERY
January 30, 2008
APPELLANT
V.
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CR20053134]
STATE OF ARKANSAS
HON. CHRISTOPHER CHARLES PIAZZA,
CIRCUIT JUDGE
APPELLEE
AFFIRMED
Tavarus Montgomery was convicted in a Pulaski County jury trial of firstdegree
murder stemming from the death of threeyearold Eudre Broadway. Pursuant to his
conviction, Montgomery was sentenced to forty years in the Arkansas Department of
Correction. On appeal, Montgomery argues that the evidence does not support the verdict.
We affirm.
When a defendant makes a challenge to the sufficiency of the evidence on appeal, we
view the evidence in the light most favorable to the State. Howard v. State, 348 Ark. 471,
79 S.W.2d 273 (2002). The test for determining the sufficiency of the evidence is whether
the verdict is supported by substantial evidence, direct or circumstantial. Id. Substantial
evidence is evidence forceful enough to compel a conclusion one way or the other beyond
suspicion or conjecture. Id. Only evidence supporting the verdict will be considered. Id.
Circumstantial evidence provides the basis to support a conviction if it is consistent with the
defendant’s guilt and inconsistent with any other reasonable conclusion. Id.
Montgomery argues that the medical evidence and his “rather mild admission to
police” falls “woefully short” of being sufficient as a matter of law. He cites evidence of
prior abuse, including treatment of the childvictim’s head trauma the week before and
asserts that “most of the evidence of injury to this child has no relationship” to him. Further,
Montgomery characterizes his admissions as insubstantial because, in his statement to police,
he only admitted to a “backhanded slap to the shoulder blade” of the victim, and earlier in
the day he described it as “more a push than a slap.” We find this argument unpersuasive.
From the testimony of the victim’s mother, Edwina Barnes, and Montgomery’s own
statement to police, it was established that Montgomery was alone with the child on the
morning that the victim sustained his lifeending injuries. Barnes testified that, when she
bathed the child the day before, she did not observe “anything unusual or hurting” him.
Furthermore, we know from Montgomery’s statement that Eudre did not appear to be injured
earlier that morning when the child asked him for a glass of water.
Barnes testified that she heard the water running and moments later, she went into the
kitchen and discovered Montgomery trying to move the child’s arms because he was not
breathing. According to Barnes, Montgomery told her that Eudre slipped and fell, which
“knocked the air out of him.” Dr. Charles Kokes, the chief medical examiner with the
Arkansas State Crime Lab, performed an autopsy on the victim. Dr. Kokes testified that the
2
CACR07693
child’s death was the result of head trauma and liver laceration. According to Dr. Kokes, the
child’s symptoms, including probable loss of consciousness, would probably have started
immediately after he sustained the injuries.
Dr. Ashley Gonzales, a thirdyear pediatric resident at Arkansas Children’s Hospital
testified that when Eudre was brought to the emergency room, he was not breathing on his
own and was “completely rigid,” a symptom that she frequently observed with bad head
injuries. Further, Dr. Gonzales stated that she had treated Eudre the week before for a bruise
on his forehead, and she asserted that none of the lifeending injuries that she noted at the
morning of the child’s death were present. Accordingly, the foregoing testimony concerning
the severity of Eudre’s injuries, along with the time of the onset of his symptoms, establishes
that the victim sustained his lifeending injuries at a time when Montgomery was alone with
the victim. The opportunity to commit murder can be substantial circumstantial evidence to
prove the identity of the perpetrator. See Brunson v. State, 368 Ark. 313, ___ S.W.3d ___
(2006).
Likewise, the testimony of Dr. Kokes, along with that of Dr. Karen Farst, an instructor
in pediatrics at the University of Arkansas for Medical Sciences and member of the Arkansas
Children’s Hospital Children At Risk Team, established that the injuries that Eudre sustained
were the result of significant bluntforce trauma. Both experts discounted the possibility that
the child’s injuries could have been caused by simply slipping and falling on the kitchen
floor and being nudged by Montgomery’s foot. While it is true that Montgomery’s statement
to police suggests otherwise, it is settled law that the credibility of witnesses is an issue for
3
CACR07693
the jury and not the court, and the jury is free to believe all or part of any witness’s testimony
and may resolve questions of conflicting testimony and inconsistent evidence. Phillips v.
State, 344 Ark. 453, 40 S.W.3d 778 (2001). Furthermore, our supreme court has held that
a defendant’s improbable explanation of suspicious circumstances may be admissible as
proof of guilt. Goff v. State, 329 Ark. 513, 953 S.W.2d 38 (1997). Here, not only were
Montgomery’s statements improbable, they evolved over time as the severity of Eudre’s
injuries became manifest. Thus, contrary to his assertion on appeal, his “rather mild
admission to the police” did not actually provide a reasonable explanation of how the child
sustained his injuries, but rather provided proof of his guilt.
Affirmed.
HEFFLEY and MILLER, JJ., agree.
4
CACR07693
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.