Justices reject appeal in ’08 fatal stabbing

LITTLE ROCK — The Arkansas Supreme Court on Thursday unanimously upheld the capital-murder conviction of a man who killed his homeless friend because he wanted to know what it felt like and to find out whether he could get away with it.

In December a Garland County Circuit Court jury convicted Kevin Ray Pearcy in the stabbing death of Stacy Lewis. Pearcy is serving a sentence of life in prison without parole.

Pearcy argued in his appeal that there was not enough evidence to convict him of premeditated murder, that he should have been found innocent by reason of mental disease or defect, and that the Circuit Court erred in admitting certain photos as evidence.

Pearcy confessed to the murder while a Hot Springsofficer was taking him to jail on an unrelated misdemeanor warrant in August 2008.

Police said Pearcy told them that earlier in the summer, after Lewis had moved in with Pearcy at Pearcy’s apartment, Pearcy stabbed Lewis in the neck repeatedly after Lewis rejected his sexual advance. He placed Lewis’ body in a trash can.

During the trial, Pearcy never denied that he killed Lewis. The defense argued that Pearcy had a history of mental illness that contributed to his behavior. He argued on appeal that he did not have the mental capacity to “form intentions before acting, weighing consequences or exercising reason.”

The Supreme Court stated that in order to appeal on an insanity defense, Pearcy had to have asked for a directed verdict on the basis of mental diseaseor defect. Pearcy’s attorneys instead asked the jury to consider his mental illness and only asked the judge for a directed verdict on the basis of whether the state had enough evidence to show the murder was premeditated and deliberate.

A directed verdict is when a judge decides the evidence is so overwhelming that there is obviously only one appropriate decision and he renders it.

Pearcy also argued in his appeal that certain photographs showing Lewis’ decomposing body prejudiced the jury and should not have been shown to the jury. The Supreme Court found no error, stating that the photographs were helpful to explaining testimony and showed the condition of the body and the location of injuries.

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