Shelton v. State
2017 Ark. App. 195
| Ark. Ct. App. | 2017Background
- On August 13, 2014, Shelton approached Alfred Burton’s vehicle in Altheimer, Arkansas; an altercation ensued and Shelton fired a gun into Burton’s vehicle.
- Thrisdon Eason (passenger) was struck twice and died from a chest wound; Burton (driver) was struck in the head and survived.
- Shelton was charged and convicted by a Jefferson County jury of one count of first-degree murder (felony murder) and three counts of committing a terroristic act (two against persons and one against the vehicle).
- Jury sentences: 35 years for murder, 30 years for one terroristic-act count, 10 years for another, and 5 years for damage to the vehicle; total effective term 65 years.
- On appeal Shelton argued the State failed to prove terroristic acts because he shot at Burton (a person) rather than at an occupied conveyance, and that without terroristic acts the felony-murder conviction fails.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shelton’s conduct satisfied the terroristic-act statute (shooting at a conveyance occupied by another) | State: evidence shows Shelton fired into the vehicle while Burton and Eason were occupying it, satisfying the statute | Shelton: he shot at Burton the person; Burton had a foot out of the vehicle and was not occupying/operating the conveyance | Affirmed: intent to target the vehicle is not required; evidence (three eyewitnesses) supported that the conveyance was occupied when shots were fired |
| Whether evidence sufficed for first-degree (felony) murder based on the terroristic-act underlying felony | State: murder through commission of a terroristic act causing death manifests extreme indifference | Shelton: if terroristic-act elements fail, felony-murder cannot stand | Affirmed: because terroristic-act convictions were supported by substantial evidence, the felony-murder conviction is also supported |
Key Cases Cited
- Stephenson v. State, 373 Ark. 134, 282 S.W.3d 772 (2008) (statutory interpretation of terroristic-act elements)
- Warren v. State, 103 Ark. App. 124, 286 S.W.3d 768 (2008) (shooting into a vehicle as sufficient to support related charges)
- Moore v. State, 372 Ark. 579, 279 S.W.3d 69 (2008) (credibility determinations are for the jury)
- Coggin v. State, 356 Ark. 424, 156 S.W.3d 712 (2004) (appellate courts defer to jury resolution of conflicting testimony)