F.C. v. State, 2014 Ark. App. 196

Juvenile F.C. adjudicated delinquent on June 20, 2013 for accomplice to theft of property (Class A misdemeanor) and placed on six months’ supervised probation.
Incident: in Sept. 2012 Connie Horton’s cell phone went missing from bleachers during a volleyball practice at Rogers Activity Center; surveillance video showed three boys in the area.
Video evidence showed J.J. walking by and bending down near the phone; F.C. was seen standing near the dividing curtain and looking toward the area. The third juvenile was not identified or tried.
Witness Steven Sapp reviewed surveillance video and testified he saw J.J. pass by the phone and F.C. standing by the curtain; he did not see anyone take the phone and acknowledged much was inferential.
Horton testified she saw three boys on the video near her phone and believed they took it, but could not positively identify faces or see a clear taking on the video.
Trial court found all three juveniles were accomplices and concluded there was a scheme; appellate court reversed for insufficient evidence to support accomplice adjudication for F.C.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to adjudicate F.C. as an accomplice to theft	State argued that F.C.’s presence with J.J. and the third juvenile, proximity to the phone, and apparent lookout role supported accomplice liability	F.C. argued that mere presence and looking through the curtain, without evidence of purpose to promote or aid the theft, is insufficient — the evidence was speculative	Reversed: evidence insufficient—proximity and presence without proof of purpose or aiding cannot compel guilt without speculation

None with official reporter citations in the opinion (the opinion cites unpublished/slip decisions of this court without official reporter citations).