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Ingram v. State

Court of Appeals of Arkansas, Division II

December 17, 2014




Sandra S. Cordi, Deputy Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.

Dustin McDaniel, Att'y Gen., by: Kathryn Henry, Ass't Att'y Gen., for appellee.



Page 596


Jalibra Ingram was convicted in the Pulaski County Circuit Court on February 18, 2014, of filing a false report with a law-enforcement agency, a violation of Arkansas Code Annotated section 5-54-122 (Supp. 2013). She was sentenced to three years' probation and was ordered to pay $1470 in court costs and restitution to the City of Little Rock in the amount of $4048.06. On appeal, she argues that substantial evidence did not support that she gave a false statement or that the Little Rock Police Department expended more than $500 investigating her alleged false report. We affirm.

Appellant was charged by amended felony information with filing a false report with a law-enforcement agency. On January 3, 2012, appellant called 911 and asked for an officer to come to her address. She stated that Ron Mitchell took her keys, that he had been violent toward her, and that he had a pistol and kept " pulling it out" on her and threatening her with it. When asked if she had been hit, she responded

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affirmatively, and stated that she just wanted to leave. Later, appellant called 911 again and stated that she wanted to cancel the call because Mitchell had given her keys back. She then stated, " Y'all might need to get here quick cause I'm 'bout to kill somebody."

Little Rock Police Officer John Mack testified at appellant's trial that he was called to appellant's house pursuant to the 911 call. He was informed that appellant had reported that she was being held against her will by a man with a gun. He testified that the information he received was that the man had pointed the gun at appellant several times. While he was en route, he was notified that appellant had called back and said that her call could be disregarded. Due to the nature of the call, Officer Mack went to the address. When he arrived, no one answered the door. He heard something moving around inside the house, like furniture being moved, so he had the police communications call appellant back and ask that someone come to the front door where he could see their hands. He said that a black female, later identified as appellant, came to the door and looked at him, he gave her several verbal commands to come outside, and then he heard a man's voice. He could not tell what the man said, but appellant shut the door and locked it. Officer Mack then notified his supervisor and made several attempts for police communications to call back for someone to come out, but no one did. Officer Mack's supervisor then notified the SWAT team to come. Officer Mack set up a perimeter, and the SWAT team responded. After several hours of negotiation, appellant did come out. However, tear gas had to be used to force Mitchell out of the house. Both were taken to the detective division for questioning.

The jury was presented with an interview of appellant by Detective Krystal Haskins at the detective division. Appellant was asked why she called the police, and she stated, " Uh, for my keys." She explained that Mitchell had taken her keys around 2:00 or 3:00 a.m. She described Mitchell and stated that they had been roommates since September 2011. She said that she called the police because she had to " tussle" with Mitchell to try to get her keys because she wanted to leave. When asked if Mitchell ever struck her, she said, " No, not really. He pulled my arms up behind my head like that and put me in a lock you know." She said that once she got free, she called the police because she was " real pissed off." During her conversation with the 911 operator, she was asked if Mitchell had a gun, and she said that she had responded that he did. Haskins asked appellant whether Mitchell had the gun out, and the following was stated:

Appellant: Nnn--it was out, but I really wasn't paying that much attention to it cause I was frightened like that--
Haskins: Okay.
Appellant: You know what I'm saying? I just know I was like forget that and ran back to my room cause I was on the phone with the Officer and he was steady yapping.
Haskins: Okay, so when you say he had it out, just tell me how he had it out.
Appellant: It was just laying there you know.
. . .
Haskins: Did he ever point it at you at any point?
Appellant: Huh uh.
Haskins: Did he ever threaten to ...

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