FROM THE PULASKI COUNTY CIRCUIT COURT, SECOND DIVISION [NO.
60CR-14-3538] HONORABLE CHRISTOPHER CHARLES PIAZZA, JUDGE
Vess, for appellant.
Rutledge, Att'y Gen., by: Kathryn Henry, Ass't
Att'y Gen., for appellee.
PHILLIP T. WHITEAKER, Judge.
appellant, Raheem Lindsey, appeals an order from the Pulaski
County Circuit Court denying his motion to transfer his
charges to the juvenile division of Pulaski County Circuit
Court. We find no error and affirm.
prosecuting attorney has the discretion to charge a juvenile,
sixteen years of age or older, in the juvenile or criminal
division of circuit court if the juvenile has allegedly
engaged in conduct that, if committed by an adult, would be a
felony. Ark. Code Ann. § 9-27-318(c)(1) (Repl. 2015).
Based on that discretion, and given the felony nature of the
charges, the State charged Lindsey, along with a codefendant,
T.S., in the criminal division of Pulaski County Circuit
Court with thirteen felony counts: three counts of aggravated
robbery, three counts of kidnapping, three counts of theft of
property, three counts of aggravated assault, and one count
of rape. The charges stemmed from a robbery of a
Little Rock fast-food restaurant.
filed a motion to transfer his charges to the juvenile
division of Pulaski County Circuit Court and asked for his
case to be designated as an extended juvenile jurisdiction
(EJJ) case. When such a motion to transfer is requested, the
court in which the criminal charges have been filed shall
conduct a hearing to determine whether to transfer the case
to another division of circuit court having jurisdiction.
Ark. Code Ann. § 9-27-318(e). Here, the circuit court
held a hearing pursuant to this statutory mandate.
hearing, Lindsey, as the moving party, bore the burden of
proving by clear and convincing evidence that his case should
be transferred. Magana-Galdamez v. State, 104
Ark.App. 280, 291 S.W.3d 203 (2009). The court shall order
the case transferred to another division of circuit court
only upon a finding by clear and convincing evidence that the
case should be transferred. Ark. Code Ann. §
9-27-318(h)(2). Clear and convincing evidence is the degree
of proof that will produce in the trier of fact a firm
conviction as to the allegation sought to be established.
Neal v. State, 2010 Ark.App. 744, at 6, 379 S.W.3d
634, 637. With the law in mind, we turn to the facts adduced
at the juvenile-transfer hearing.
circuit court heard testimony concerning the robbery of the
fast-food restaurant from the three robbery victims-Erica,
Christy, and Jeremy-who were all employees of the restaurant.
At the end of their shifts and at closing time, the victims
finished cleaning the restaurant, clocked out, and were just
leaving the restaurant shortly after midnight when they were
approached by two masked, armed individuals. The armed
individuals were later identified as Lindsey and T.S. Lindsey
and T.S. ordered all three of the victims back into the
restaurant at gunpoint. Inside the restaurant, Lindsey
ordered Erica and Christy onto the kitchen floor and held
them at gunpoint, while T.S. forced Jeremy to attempt to open
the security box.
informed both Lindsey and T.S. that the security box would
not open because it was on a time lock. Lindsey and T.S.
threatened to kill Jeremy if they did not get any money.
While T.S. was forcing Jeremy to try to open the security
box, Lindsey forced one of the women up from the floor and
began pushing her toward the restaurant's bathroom. As he
pointed his gun at her, he unzipped his pants and pulled out
his penis. Lindsey ordered her to remove her pants and
underwear and get down on all fours. After putting on a
condom, Lindsey tried to vaginally rape her. When he was
unsuccessful at penetrating her, he placed the gun to her
forehead and ordered her to perform oral sex on him and
threatened to kill all three victims if she did not. After he
ejaculated, Lindsey took the woman's cell phone.
the sexual assault, Lindsey and the woman returned to the
kitchen area, where Jeremy's attempts at opening the
security box had been unsuccessful. When all efforts to open
the box had failed, including using tools to attempt to pry
open the box and beating on the box, T.S. fired his gun at
the safe to try to open it. The attempts to open the safe
lasted for a couple of hours, according to Jeremy. Before the
assailants left, they took the keys to Jeremy's car.
After Lindsey and T.S. left in Jeremy's car, the police
were called and provided with the information about the
robbery and a description of Jeremy's car, an apple-green
Rock Police Detective Julio Gil responded to the scene of the
robbery after receiving the call around 2:30 a.m. On his way
there, he stopped at a car crash. The vehicle involved in the
crash was Jeremy's car. It had been traveling eastbound
at a high rate of speed in the westbound lane and had crashed
head-on with another vehicle. Although no one remained in the
vehicles by the time Gil arrived at the scene, Lindsey had
been found stuck in the passenger seat of the eastbound car
when police first arrived. Lindsey was taken into custody and
transported to a local hospital. One gun was recovered from
the crash scene, along with a cell phone.
response to the testimony about the robbery, Lindsey offered
several witnesses on his own behalf. Cristen Barnett, one of
Lindsey's former teachers,  testified that Lindsey was
"a playful student" who was "proficient"
in academics and who had never gotten in major trouble or
been "disruptive in a negative way" in her
classroom. She expressed a hope that he could be capable of
rehabilitation. Similarly, Ruth Nash testified that she had
known Lindsey since middle school, and she described him as a
"very mannerable, respectful young person" with
whom she never had any problems. A neighbor, Harold Bell,
testified that Lindsey "had a good attitude about
life" and was "a really good kid." Bell said
that Lindsey was trustworthy, polite, and respectful, and he
said he believed Lindsey was capable of being rehabilitated.
Burks, Lindsey's mother, testified that Lindsey was
seventeen at the time of the robbery. She said he was a fair
student who had never been arrested or in trouble before. She
acknowledged that he had been in juvenile court for truancy
around 2010, but she said he had never been adjudicated
delinquent for anything. Burks said this incident was a
"very, very big surprise to me, " adding that she
felt he must have been in the wrong place at the wrong time
with the wrong people. Burks said she definitely believed
Lindsey was capable of being rehabilitated and being a
productive member of society.
Lee was a friend of both Lindsey and T.S. from school and had
been with the two on the afternoon and evening of the
incident. Lee said that the three of them were talking in
T.S.'s front yard, and T.S. gave him (Lee) and Lindsey
some Sprite laced with Xanax. A car pulled up, and Lee heard
T.S. and someone in the car "talking about a lick."
Lee said that he told them he "ain't with it"
and had T.S. drop him off at his house. On cross-examination,
Lee repeated that T.S. had said that "he had a lick for
us" and that he was "trying to hit a fast food