FROM THE GRANT COUNTY CIRCUIT COURT [NO. 27CR-2014-106-1]
HONORABLE CHRIS E WILLIAMS, JUDGE
C Wilson, for appellant.
Rutledge, Att'y Gen., by: Karen Virginia Wallace,
Ass't Att'y Gen., for appellee.
K. WOOD, Associate Justice
Joseph Reynolds appeals a jury's verdict finding him
guilty of kidnapping and aggravated assault. He was sentenced
as a habitual offender to consecutive sentences of life
imprisonment and fifteen years' imprisonment,
respectively. On appeal, Reynolds contends that the circuit
court erred by (1) denying his directed-verdict motions on
both charges; (2) allowing the victim to testify about her
injuries despite the prosecutor's failure to provide her
medical records in discovery; and (3) overruling his
objection to remarks made by the prosecutor during closing
argument. We find no error and affirm.
October 2014, Rachel Wake, the victim, Reynolds, her
boyfriend, and Michael Watters, Reynolds's friend,
resided together. One evening in late October, Wake
accompanied Reynolds to his workplace. While there, the
couple got into an argument and Reynolds choked her. She
screamed, and unbeknownst to either of them, two of
Reynolds's coworkers witnessed the incident.
lost his job as a result of the incident. He became irate and
told Wake that since he lost his job, she was going to lose
her life. He tied her up at the foot of their bed with cables
from an exercise machine. He bound her arms and feet together
behind her back and secured them with padlocks. He then
wrapped a cable around her neck and attached it to the cables
restraining her arms and legs so that she had to hold her
head up to keep from choking. He also placed a gag around her
mouth. He beat her until her eyes were swollen shut. Reynolds
told Wake he was going to kill her, and he and Watters
discussed where they would drop her body. Reynolds also
threatened to behead Wake's son and leave his head in the
room with her for three days.
Reynolds released Wake. He helped her bathe to wash off the
blood. She then got in bed with Reynolds and slept. Wake
testified that Reynolds had been doing drugs throughout the
ordeal and that she knew that if she outlasted his drugs, she
would live. Two days later, Reynolds and Wake went to get
more drugs at Clarence Stillman's home. While at his
house, Wake asked Stillman to call her mother. Wake's
mother arrived and took Wake to her house. She later called
the police, and an ambulance took Wake to the hospital. At
the hospital, Wake was treated for a concussion, two minor
fractures to her wrist and pinky finger, and contusions to
her neck, throat, and chest.
police obtained a search warrant for Reynolds's home a
few days later. They retrieved several cables, which were
detached from the exercise machine, and locks. Blood samples
taken from the carpet near the foot of the bed in
Reynolds's bedroom matched Wake's DNA. The State
filed kidnapping and aggravated-assault charges against
Reynolds and Watters. Watters later pleaded guilty in
exchange for a suspended sentence and his testimony against
Reynolds. The jury found Reynolds guilty of both charges.
During the penalty phase of the trial, the State introduced
evidence of Reynolds's eleven prior convictions. Reynolds
was sentenced to life imprisonment for kidnapping and fifteen
years for aggravated assault, with the sentences to run
consecutively. Thus, this court's jurisdiction is
pursuant to Arkansas Supreme Court Rule 1-2(a)(2) (2015).
Sufficiency of the Evidence
argues that the circuit court erred by not granting his
motion for directed verdict because the State failed to
introduce substantial evidence that he restrained Wake for
the purpose of terrorizing her or that he engaged in
life-threatening activity against her. A directed verdict is
a challenge to the sufficiency of the evidence.
Williamson v. State, 2009 Ark. 568, 350 S.W.3d 787.
In reviewing a sufficiency challenge, we determine whether
the verdict is supported by substantial evidence, direct or
circumstantial. Id. Substantial evidence is that
which is of sufficient force and character that it will, with
reasonable certainty, compel a conclusion one way or the
other, without resorting to speculation or conjecture.
Id. This court does not weigh the evidence presented
at trial or assess the credibility of the witnesses, as those
are matters for the fact-finder. Riding v. State,
360 Ark. 424, 203 S.W.3d 63 (2005). The trier of fact is free
to believe all or part of any witness's testimony and may
resolve questions of conflicting testimony and inconsistent
evidence. Id. On appeal from a denial of a directed
verdict, this court views the evidence in the light most
favorable to the appellee and affirms if there is substantial
evidence to support the verdict. Id.
person commits the offense of kidnapping when he restrains
another person, without consent, so as to interfere
substantially with the other person's liberty with the
purpose of terrorizing the person. Ark. Code Ann. §
5-11-102(a)(6) (Repl. 2013). "Restraint without
consent" includes restraint by physical force, threat,
or deception. Ark. Code Ann. § 5-11-101(3)(A). A person
acts purposely with respect to his conduct or a result of his
conduct when it is his conscious object to engage in conduct
of that nature or to cause that result. Ark. Code Ann. §
person commits aggravated assault when, under circumstances
manifesting extreme indifference to the value of human life,
he purposely engages in conduct that creates a substantial
danger of death or serious physical injury to another person.
Ark. Code Ann. § 5-13-204(a)(1). "Serious physical
injury" is defined as "physical injury that creates
a substantial risk of death or that causes protracted
disfigurement, protracted impairment of health, or loss or
protracted impairment of the function of any bodily member or
organ." Ark. Code Ann. § 5-1-102(21).
claims there was insufficient evidence that he restrained
Wake for the purpose of terrorizing her because he eventually
untied her hands, allowed her to untie the remaining
restraints, and helped her take a bath. He ...