Caple v. State
2019 Ark. App. 41
| Ark. Ct. App. | 2019Background
- Appellant Waymond M. Brown was charged with possession of a firearm by certain persons and criminal use of a prohibited weapon after police obtained a sawed-off .22 rifle and photos of Brown apparently holding the same gun.
- Victim reported Brown threatened her and sent photos/videos of himself with guns; photos were timestamped on social media July 24, 2017.
- A tire-shop employee found a cutdown .22 rifle stashed behind a building; when employees tried to keep an approaching man from taking it, he ran; employees later identified that man as Brown.
- Investigators recovered the same gun and observed it was shortened (illegal); the gun had a lanyard clip matching a mate found on Brown’s jacket in testimony and one photo showed a person who appeared to be Brown wearing similar red sweatpants while holding the gun.
- Brown was on parole and a convicted felon, not permitted to possess firearms; he moved for directed verdicts at close of the State’s case and after resting, arguing insufficient evidence of possession; motions were denied and the bench convicted and sentenced him to concurrent terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove possession (constructive possession) | Circumstantial proof links Brown to the gun: photos of him holding the same gun, matching lanyard clip, similar clothing, his attempt to retrieve the gun, and his flight | State failed to prove Brown exercised control or had the gun on the asserted date; no direct proof he possessed it | Affirmed: circumstantial evidence (photos, proximity, matching items, conduct) sufficient to infer constructive possession and exclude reasonable alternatives |
| Criminal use of a prohibited weapon (sawed-off rifle) | The recovered rifle was a cutdown/shortened rifle, unlawful to possess; Brown’s constructive possession makes him culpable | Brown argued insufficient proof he possessed the illegal weapon | Affirmed: court found the rifle was an illegal sawed-off weapon and Brown constructively possessed it |
Key Cases Cited
- Magness v. State, 424 S.W.3d 395 (Ark. App. 2012) (standard for reviewing directed-verdict/sufficiency challenges)
- Green v. State, 544 S.W.3d 574 (Ark. App. 2018) (definition of "possess" and statutory context for felon-in-possession)
- Robinson v. State, 537 S.W.3d 765 (Ark. App. 2017) (constructive-possession principles and inference from circumstances)
- Block v. State, 455 S.W.3d 336 (Ark. App. 2015) (circumstantial evidence must exclude every other reasonable hypothesis when relied on alone)
- Worsham v. State, 537 S.W.3d 789 (Ark. App. 2017) (factors for inferring knowledge and control: proximity, plain view, ownership, suspicious behavior)