The Arkansas Court of Appeals upheld the sentence of a Jacksonville man who killed a firefighter and injured two other first responders after a 2012 roadside crash.
Bryce Allen, 50, lost his appeal Wednesday, which attempted to invalidate the 70-year sentence he received for one count of second-degree murder and two counts of criminal attempt to commit second-degree murder.
At the time of his January 2014 trial in Pulaski County Circuit Court, Allen's attorney argued that Judge Barry Sims should instruct the jury to consider sentencing Allen on an "attempt" to commit reckless manslaughter.
Allen said the appeals court should reverse Sims' decision not to instruct jurors to consider a sentence for attempted reckless manslaughter, which would have resulted in a shorter sentence.
On Wednesday, the appeals court's opinion sided with state attorneys who argued that although murder crimes -- those that require knowledge or intent -- are compatible with an "attempted" prefix, a crime such as reckless manslaughter by its definition is not compatible with an "attempt" prefix because it is not an intentional or knowing act.
Court of Appeals Judge Brandon Harrison's opinion found Allen's argument didn't hold up.
"Allen requested a [jury] instruction that required, in part, for the jury to find he purposely engaged in conduct that was a substantial step in recklessly causing the death of another person," Harrison wrote. "But if a person purposely (or knowingly) engages in conduct that constitutes a substantial step toward causing the death of another person, then the conduct is an intentional act and, by definition, either attempted first-degree or attempted second-degree murder."
Allen was arrested after he went to the site of his mother's car crash on Arkansas 161 in Jacksonville in March 2012.
Instead of pulling over, Allen intentionally drove at first-responders, killing Jacksonville Fire Department Capt. Donald Jones and critically wounding firefighter Jason Bowmaster and police officer Daniel DiMatteo.
"It was not a rational activity that was carried out recklessly," Harrison wrote. "Instead, Allen's actions were intentional, regardless of whether he intended to bring about the particular result of death."
Allen was found to be mentally ill but competent to stand trial.
Allen remains at the Cummins Unit prison facility in Grady and won't be eligible for parole until 2030.
Metro on 06/04/2015