Lewis v. State
2014 Ark. App. 730
| Ark. Ct. App. | 2014Background
- Akeem Allajowuan Lewis was convicted by a jury in Independence County of two counts of second-degree murder for the deaths of John L. Weeams and Omar Scales after a July 6, 2013 nighttime shootout at a party.
- Lewis conceded he shot both victims; he asserted the shooting of Scales was accidental and pursued a justification (self‑defense) theory only for Weeams’s death.
- Witnesses differed: Datra Strickland testified Lewis drew first and began firing; Robert Tosh Smith’s recorded statement said Lewis fired first, but at trial Smith equivocated and said it seemed simultaneous or that Weeams fired first.
- For Weeams’s death the jury was instructed on justification; no justification instruction was given as to Scales (defense counsel did not request it).
- The jury convicted; Lewis received consecutive sentences of 8 years (Weeams) and 20 years (Scales), totaling 28 years. Lewis appealed, arguing the State failed to disprove justification and the consecutive sentences were an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State disproved Lewis’s justification defense beyond a reasonable doubt | Lewis: testimony conflicted and witnesses were not credible; the State failed to negate justification for Weeams’s murder | State: evidence, including witness statements and circumstantial facts, supported rejection of justification; jury weighed credibility | Court: substantial evidence supported the jury’s rejection of justification; conviction affirmed |
| Whether the trial court abused discretion by ordering sentences consecutively | Lewis: trial court should have run sentences concurrently; asked for mercy | State: trial court properly exercised discretion; sentencing within statutory range | Court: sentencing court exercised discretion; consecutive 8- and 20-year terms were not an abuse of discretion; affirmed |
Key Cases Cited
- Williams v. State, 96 Ark. App. 277, 241 S.W.3d 290 (Ark. App. 2006) (fact‑finder considers evidence as a whole and need not view each fact in isolation)
- Gillard v. State, 366 Ark. 217, 234 S.W.3d 310 (Ark. 2006) (flight is probative evidence of guilt)
- Throneberry v. State, 2009 Ark. 507, 342 S.W.3d 269 (Ark. 2009) (consecutive vs. concurrent sentencing lies within trial court’s discretion)
- Steele v. State, 434 S.W.3d 424 (Ark. App. 2014) (appellate review will not alter sentencing discretion absent clear abuse)
- Bunch v. State, 344 Ark. 730, 43 S.W.3d 132 (Ark. 2001) (defendant bears heavy burden to show trial judge failed to exercise sentencing discretion)
- Turner v. State, 391 S.W.3d 358 (Ark. App. 2012) (trial court must actually exercise discretion in sentencing)