Stephane Gerrit Ferry v. State of Arkansas
617 S.W.3d 295
Ark. Ct. App.2021Background
- Appellant Stephane Ferry, a Conway constituent of Senator Jason Rapert, repeatedly contacted Rapert in 2017; on January 23, 2018 they had a recorded phone call. Ferry’s phone recorded only part of the call; Rapert had a complete recording.
- During the call Rapert told Ferry he believed Ferry was harassing him and said he would report Ferry to law enforcement if it continued. Ferry later told police Rapert had said he would “send people after me” and filed a report alleging terroristic threatening.
- Ferry provided a partial recording to police and claimed the alleged threat occurred after his recording cut off. Detective Cole obtained Rapert’s full recording and found no statement that Rapert would “send people after” Ferry.
- Police concluded Ferry’s report was false and charged him with filing a false police report (Ark. Code Ann. § 5-54-122).
- At a bench trial the circuit court found Ferry not credible, concluded he knowingly filed a false report, and convicted him. Ferry appealed, arguing insufficiency of the evidence on the element of knowledge that the report was false.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved Ferry knowingly filed a false police report | State: Evidence (recordings, police testimony, inconsistencies) supports inference Ferry knew the allegation that Rapert would “send people after” him was false | Ferry: He paraphrased and subjectively believed Rapert’s statements were threats; his partial recording and prior incidents justified his belief | Court: Substantial evidence supports knowing falsity; credibility finding for Ferry was dispositive and upheld |
| Whether Ferry’s subjective belief/paraphrase negates knowledge element | State: Paraphrase and subjective reaction do not excuse knowingly false factual allegation to police | Ferry: His subjective belief (after counsel/research and prior tweet) meant he did not knowingly lie | Court: Credible evidence showed Ferry did not genuinely believe the specific allegation; appellate court defers to trial court credibility determination |
Key Cases Cited
- Sharp v. State, 2019 Ark. App. 506 (bench-trial motion to dismiss challenges sufficiency of the evidence)
- Polk v. State, 348 Ark. 446 (test for sufficiency: verdict must be supported by substantial evidence)
- Cain v. State, 2020 Ark. App. 465 (on sufficiency review, view evidence in light most favorable to the State)
- Bowman v. State, 2019 Ark. App. 469 (intent/state of mind usually inferred from circumstances)
- Devor v. State, 2012 Ark. App. 82 (intent and state-of-mind proof principles)
- Green v. State, 2011 Ark. App. 700 (same: inference of intent from circumstances)
- Price v. State, 2019 Ark. 323 (witness credibility is for the trier of fact)
- Clark v. State, 2015 Ark. App. 679 (appellate courts defer to trial court’s credibility findings)
- Collins v. State, 2014 Ark. App. 574 (appellate courts not at liberty to disturb circuit court credibility determinations)
- Gonder v. State, 95 Ark. App. 144 (deference to trial-court credibility assessments)