The Arkansas Court of Appeals on Wednesday upheld the conviction for aggravated residential burglary of a man who was unarmed during a break-in because he made the victim think he was carrying a deadly weapon.
The court upheld a Saline County jury’s finding that Curtis Lamont Horton, 34, was guilty of aggravated residential burglary in a break-in at Lisa Stanfield’s home in Bryant on March 17, 2011.
Residential burglary is a Class B felony, which carries a minimum prison term of five years. Aggravated residential burglary is a Class Y felony with a minimum prison term of 10 years.
Appellate Judge Larry Vaught wrote that Horton was not armed with a deadly weapon but that the jury found that he “represented by word or conduct that he was armed with a deadly weapon.”
“[Stanfield] also testified that she believed that he had a gun and might shoot her when she retreated. The jury apparently found Stanfield’s testimony credible … and we hold that her testimony constitutes substantial evidence supporting the aggravated-residential-burglary conviction,” Vaught wrote.
Stanfield told police that she went to work on the morning of the break-in but returned to pick up her daughter’s science project. When she arrived at the house, she found her garage door open and an unfamiliar vehicle parked inside.
Stanfield parked behind the car and walked into the garage toward the door when a man later identified as Horton stepped out, put his hands in the pockets of his jacket and “aggressively” moved toward her. When Horton got within about a yard of Stanfield, he said, “You better back up off me,” which prompted Stanfield to run to her car and drive away.
Stanfield told police that a laptop, jewelry, two gaming consoles and two cameras were missing from the house.
Investigators found two fingerprints belonging to Horton inside the home, and Stanfield later identified the man from a series of police photographs.
On July 9, 2013, Horton was convicted of aggravated residential burglary, theft of property and failure to appear and sentenced to 35 years in prison for the burglary and two consecutive terms of 12 years in prison for the other crimes.
Horton is being held at the Arkansas Department of Correction Cummins Unit in Grady.
Horton appealed the aggravated-residential-burglary conviction, arguing that the state had failed to present sufficient evidence to show he committed the crime under Arkansas Code Annotated 5-39-204.
That provision states that a person commits aggravated residential burglary if he commits a residential burglary while armed with a deadly weapon “or represents by word or conduct that he or she is armed with a deadly weapon” or “inflicts or attempts to inflict death or serious physical injury.”
Horton’s attorney, Bobby Digby, wrote in court filings that Horton placed his hands in his pockets but didn’t point them at Stanfield, such pointing having resulted in convictions in other cases. Digby asked the court to reverse and throw out the lower court’s ruling.
Assistant Attorney General Eileen Harrison argued that Stanfield’s perception of a threat was enough to uphold the conviction.
Vaught wrote that the state’s appeals courts have previously upheld convictions on the basis of threats or a victim’s perception of a weapon. The court disagreed with Horton’s claim that placing his hands in his pockets was insufficient evidence to support the conviction.
“In cases where the accused makes no verbal representation that he is armed, the focus is on what the victim perceived concerning a deadly weapon,” Vaught wrote.
Digby said in an interview that the law is too broad concerning a perception of a weapon. He said the law does not require independent evidence of the presence of a weapon or the appearance of a weapon beyond a victim’s perception.
“Putting your hands in your pockets doesn’t indicate a weapon,” Digby said.
Aaron Sadler, a spokesman for the attorney general’s office, said the office respects the court’s decision.
Arkansas, Pages 10 on 04/24/2014