CHARLES H. CAMPBELL, JR. APPELLANT
STATE OF ARKANSAS APPELLEE
FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, CHICKASAWBA
DISTRICT [NO. 47CR-15-117] HONORABLE CINDY THYER, JUDGE
W. Harris, for appellant.
Rutledge, Att'y Gen., by: Vada Berger, Ass't
Att'y Gen., for appellee.
KENNETH S. HIXSON, Judge
Charles H. Campbell, Jr., was charged with first-degree
murder after he shot and killed his friend, Rodney Lutes,
with a handgun. After a jury trial, the jury convicted
Campbell of the lesser-included offense of manslaughter.
Campbell was sentenced to ten years in prison for the
manslaughter conviction, and his sentence was enhanced by
fifteen years pursuant to the jury's finding that he had
employed a firearm in committing the offense.
now appeals, raising two arguments for reversal. First, he
argues that the trial court erred in refusing to give a jury
instruction on the lesser-included offense of negligent
homicide. Next, Campbell contends that the firearm
enhancement violated the constitutional prohibition against
double jeopardy. We affirm.
and Lutes, both in their early 50s, had been friends since
they were teenagers. According to Campbell they were like
brothers. Over the years the two men would drink together and
would occasionally get into arguments. Lutes bought a house,
and Campbell moved in with him in December 2014. The house
had an extra bedroom where Campbell's fifteen-year-old
son, C.C., would stay on weekends when Campbell had
visitation with him.
Saturday, February 28, 2015, C.C. was visiting Campbell and
was in the house while Campbell and Lutes watched a
basketball game. Both Campbell and Lutes drank beer that
afternoon while they watched the game. That evening, C.C.
remained at the house while Campbell, Campbell's
girlfriend, and Lutes went to a local establishment to shoot
shooting pool, Campbell and Lutes continued drinking beer.
Campbell drank about fifteen beers that day, and Lutes was
drinking beer and doing shots of whiskey. On the way home
from shooting pool, Lutes and Campbell got into a heated
argument. Lutes was unhappy about having to buy drinks for
Campbell's girlfriend. As a result of the argument, Lutes
told Campbell that he needed to pack his things and leave the
the men returned home, Campbell went inside and told C.C. to
pack his things because they were leaving. C.C. then called
his mother to have her pick him up and take him back to her
house. Lutes came inside the house, and C.C. heard Lutes and
Campbell arguing loudly. Campbell went to his bedroom,
retrieved his .38-caliber handgun, pulled the hammer back,
and proceeded back into the hallway. At the end of the
hallway, Campbell met Lutes and the gun discharged at close
range, striking Lutes in the neck.
Lutes was shot, Campbell told C.C. to dial 911 for help.
Campbell frantically tried to save Lutes's life by
performing CPR and trying to stop the bleeding. The police
and the ambulance arrived on the scene, and Lutes died from
blood loss shortly thereafter. According to the police,
Campbell told them that he did not mean to shoot Lutes, and
that he had stuck the gun up and Lutes walked into it. In a
subsequent custodial statement, Campbell stated that he was
afraid of Lutes that night and only wanted to scare him. He
maintained that he had "shot [his] best friend
testified as a witness for the State. He testified that when
his father and Lutes returned home that night his father came
into C.C.'s bedroom and was acting scared and worried.
Campbell told C.C. that he did not want him around Lutes
while Lutes was drinking and to pack his things. C.C. packed
his things and called his mother. According to C.C., Campbell
then proceeded to his bedroom to get his gun while both men
were yelling at each other. C.C. stated that he tried to stop
his father, but that his father "was real mad and said
he would kill him." C.C. testified that "my dad was
walking toward [Lutes's] room when he said he was going
to kill him. He was just walking towards [Lutes] or coming
after him, I guess." The men then ran into each other in
the hallway, and C.C. saw his father shoot Lutes. Immediately
after he shot Lutes, Campbell was saying he was sorry and to
call an ambulance.
testified in his defense, and he stated that on previous
occasions Lutes, who was much larger than he is, had
physically assaulted him. The first assault took place when
Lutes slapped him when they were teenagers. The next assault
occurred in Memphis about fifteen years ago when Lutes chased
him down and they got into an altercation. The next one
occurred about ten years ago when Lutes attacked him and
caused what Campbell called "superficial
injuries." Within the past
year, Campbell recounted another occasion when, after both
men were arrested for public intoxication, they got into an
altercation after Lutes's wife picked them up from the
jail and they were riding home.
indicated that Lutes's demeanor changed when he was
intoxicated, that he was an "angry drunk, " and
that when he was drinking it was not uncommon for Lutes to
order him to leave the house. Campbell testified that, on one
such occasion, Lutes came after Campbell, grabbed him, said
he was going to "whip [his] ass, " and said
"get the f*** out of my house." Campbell stated
that on that occasion he retreated to his room and called
911, and that after the police arrived he left and went to
his father's house. Campbell ...