NED WAYNE CAUFFIEL v. STATE OF ARKANSAS
No. CR-13-308
ARKANSAS COURT OF APPEALS
November 6, 2013
2013 Ark. App. 642
HONORABLE GARY ARNOLD, JUDGE
DIVISION I, AFFIRMED
PHILLIP T. WHITEAKER, Judge
Ned Wayne Cauffiel appeals his Saline County convictions for aggravated assault on a family or household member and first-degree terrоristic threatening, alleging there was insufficient evidence to support the convictions.1 We affirm.
The standard of review in a test of the sufficiency оf the evidence is well settled. We review the evidence in the light most favorable to the State, considering only the evidence that supports the verdict. Terry v. State, 366 Ark. 441, 236 S.W.3d 495 (2006). We affirm the conviction if there is substantial evidence to support it; that is, if there is evidence of sufficient force and character to compel a conclusion one way or the other with reasonable certainty, without resorting to speculation or conjecture. Id.
On the night of the incident, Vocque picked up Cauffiel to facilitate Cauffiel‘s visitation with their son because Cauffiel did not have his own transportation. Cauffiel had a rifle in a case with him when he entеred Vocque‘s vehicle. They stopped at her parents’ house to pick up the child, and then they drove next door to Vocque‘s hоme. They remained in her car in her driveway for approximately two hours. A discussion about child support occurred. Upon learning that сhild support had not been dropped, Cauffiel began to yell and curse at Vocque. He told her that he was going to “destroy” everyonе who stood in the way of his relationship with his son and that he should go inside and make her family “face the thunder.” He told her that she was ruining his life by putting him through the system. He also showed her that he had a police scanner app on his phone. Although his remarks had scared her, Vocque did not tell hеr family of Cauffiel‘s threats because of the scanner. Vocque did not try to leave because of the rifle, and she was afraid that he wоuld attempt to take the child.
They finally went inside to put the child to bed. Each time Vocque received a text
Upon return, Vocque heard Cauffiel yell and then heard him еither cock or load his hunting rifle. He came into the bedroom and began to pace, leaving the rifle propped up at her bedroom door. He repeated that he was going to destroy everyone and that he would not allow Vocque to stand in the way of him and the child. He told her that he was trying to call his father. He was attempting to have his father talk him out of “it.” Based on their previous history, Vocque believed that Cauffiel was threatening her life. Although he never actually pointed the rifle at her or specifically threatened to shoot her, she believed he had loaded the rifle and would do so.
Cauffiel eventually fell asleep, but Vocque could not do so. In the morning when he аwoke, she dropped him off at his father‘s house. She then went to the sheriff‘s office and obtained another order of protection.
Cаuffiel was convicted of aggravated assault on a family or household member. A person commits aggravated assault on a family or hоusehold member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely engages in сonduct that creates a substantial danger of death or serious physical injury to a family or household member.
Cauffiel was also convicted of terroristic threatening. A person commits the offense of first-degree terroristic threatening if, with the purpose of terrorizing another pеrson, he threatens to cause death or serious physical injury to another person.
Cauffiel argues that there was insufficient evidence that he had the intent to commit the crime оf terroristic threatening. The record contains substantial evidence that Cauffiel
Affirmed.
HARRISON and GRUBER, JJ., agree.
J. Brent Standridge, Saline County Deputy Public Defender, for appellant.
Dustin McDaniel, Att‘y Gen., by: Vada Berger, Ass‘t Att‘y Gen., for appellee.
