Friar v. State
2016 Ark. 245
| Ark. | 2016Background
- On February 27, 2013, Robert Friar fired seven shots through the bedroom window of Delana Aguirre’s home; Aguirre survived multiple wounds but her 20-month-old daughter Tacquari died. Friar and Aguirre had a recently ended, abusive relationship; Friar had sent threatening texts and called Aguirre seconds before the shooting.
- Friar was arrested without a warrant about two hours after the shooting based on statements to officers by Aguirre and her mother (who identified "Junior" as the shooter), text evidence, the prior volatile relationship, and officers’ knowledge of Friar’s reputation. Officers seized Friar’s clothing and cell phone at booking.
- Friar gave three post-arrest statements over the day; he initially invoked Miranda rights and requested counsel, later initiated contact with a different officer, signed a Miranda waiver, and then spoke to investigators. He consistently denied involvement.
- Friar moved to suppress the statements and physical evidence on grounds of unlawful warrantless arrest, Miranda violations, and involuntariness; the circuit court denied the motion. The court also granted the State’s motion in limine excluding testimony that a third party (Tony Miller) had confessed, and refused Friar’s requested lesser-included-offense jury instructions. Friar appealed.
- The Arkansas Supreme Court affirmed the convictions and sentences (life without parole for capital murder and consecutive habitual-offender terms totaling 165 years), rejecting Friar’s challenges to suppression, the in limine ruling, and the denial of lesser-included instructions; three justices dissented in part.
Issues
| Issue | Friar's Argument | State's Argument | Held |
|---|---|---|---|
| Probable-cause for warrantless arrest / suppression of statements and seized evidence | Arrest lacked probable cause because no one saw the shooter and Friar was found across town; therefore statements and items seized are fruits of unlawful arrest | Collective officer knowledge (victim and mother identified Friar, threatening text & call seconds before shooting, prior violence/reputation, purchased gun, shell casings outside window) gave probable cause | Affirmed: probable cause existed under totality of circumstances; suppression denied |
| Miranda / invocation and voluntariness of statements | Officers failed to scrupulously honor request for counsel; later statements were coerced, deceptive, and involuntary (Friar low IQ) | Friar initiated subsequent contact with Benish, waived rights in writing, and later voluntarily spoke; deception by police does not automatically render waiver involuntary | Affirmed: waiver and voluntariness upheld; statements admissible |
| Motion in limine excluding testimony that third party (Tony Miller) confessed (Rule 804(b)(3)) | Testimony of aunt that Miller confessed is a statement against penal interest and should be admissible to exculpate Friar | Statement not sufficiently trustworthy: declarant unavailable, delayed disclosure, inconsistent witness statements, drug use undermined reliability | Affirmed: trial court did not abuse discretion excluding the testimony for lack of corroborating indicia of trustworthiness |
| Lesser-included-offense jury instructions (murder degrees / attempted murder) | Even if Friar was shooter, jury could infer lesser mental state (purposeful or knowing instead of premeditated/deliberate) or lack of awareness someone was in room | Friar's defense was complete denial; when defendant asserts innocence there is no rational basis for lesser-included instructions | Affirmed: no rational basis for lesser-included instructions given denial defense; denial of instructions proper |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (established custodial interrogation warnings and right to counsel)
- Friend v. State, 315 Ark. 143 (probable-cause standard for warrantless arrest based on collective officer knowledge)
- Dickerson v. State, 363 Ark. 437 (burden on State to prove voluntariness of custodial statements)
- Doby v. State, 290 Ark. 408 (instruction on lesser-included offense not required when defendant claims complete innocence)
- Starling v. State, 2016 Ark. 20 (reaffirming protection of right to lesser-included instructions and standard requiring at least slightest evidence)