FROM THE PULAKSI COUNTY CIRCUIT COURT, FOURTH DIVISION [NO.
60CR-17-624] HONORABLE HERBERT WRIGHT, JUDGE
Willard Proctor, Jr., P.A., by: Willard Proctor, Jr., for
Rutledge, Att'y Gen., by: Jason Michael Johnson,
Ass't Att'y Gen., for appellee.
WAYMOND M. BROWN, Judge
Machun Clinkscale appeals from the order of the Pulaski
County Circuit Court denying his motion to transfer his case
to the juvenile division of circuit court. He argues on
appeal that the trial court's denial of his motion to
transfer was clearly erroneous. We affirm.
Little Rock Police Department (LRPD) was dispatched to Sky
Road Gas Station on January 1, 2017, around 2:00 p.m.
concerning a shooting that had just occurred. Detective Roy
Williams assisted in the investigation of the shooting in
which Edmond Daniels was the victim. When he arrived, Daniels
was in the back of the MEMS truck. Detective Williams was
able to see that Daniels suffered gunshot wounds to the right
side of his face and to his abdomen area. Anthony Williams, a
witness, was placed in the back of a police car so that he
could be interviewed. Anthony indicated that he was in the
parking lot with Daniels at the time of the shooting. He
stated that a burgundy Impala slowly came through the parking
lot of the gas station and the passenger put a gun out of the
window and fired several shots, hitting Daniels at least
twice. Anthony identified "Moody" as the shooter.
Detective Williams learned that Daniels's mother, Marsha
Daniels, was also present at the gas station at the time of
the shooting. He made contact with Marsha and her son,
Edward. Marsha showed Detective Williams a photo of the
person she saw inside the vehicle when it passed her vehicle
in the gas station's parking lot. Edward was shown the
picture and indicated that he knew who the person was. Edward
contacted Anthony and they subsequently determined that the
shooter was appellant, who went by the name
"Moody." Daniels had to undergo surgery for his
injuries. Detective Williams contacted Daniels after he was
released from the hospital and Daniels stated that appellant
was the one who shot him. Daniels also identified
appellant's picture in a photo spread as the shooter.
February 22, 2017, appellant was charged as an adult in the
Pulaski County Circuit Court with unlawful discharge of a
firearm from a vehicle and first-degree battery. Appellant
filed a motion to transfer to juvenile court on March 7,
2017. The court held a transfer hearing on July 24, 2017.
Williams testified that he works Violent Crimes for LRPD, and
that he was working in that capacity on January 1, 2017. He
stated that when he arrived on the scene, Daniels was already
in the back of the MEMS vehicle. He said that he made contact
with Anthony, who told him that "Moody" was the
shooter. He testified that the gas station had video
surveillance, and that he was able to obtain footage of the
shooting. Detective Williams stated that the video showed
Anthony and Daniels together in the parking lot by the pumps.
He said that a burgundy Impala could be seen slowly rolling
through the parking lot and, at that time, Daniels was
walking towards a white Camry. By the time Daniels made it
close to the Camry, an arm came out of the passenger side
window of the Impala and fired several shots. Daniels was
struck and fell to the ground; however, he got back up and
walked around before falling to the ground again. Anthony ran
off, but he came back to try to help Daniels to the vehicle.
Daniels collapsed and remained there until officers arrived.
The Camry, driven by Marsha, left the gas station. Appellant
was developed as a suspect after Anthony and Daniels
identified him as the shooter. Detective Williams testified
that he was not familiar with appellant before this shooting.
However, he stated that during his investigation, he learned
appellant had gang affiliations with the West Side
Bloods-John Barrow. Several photos were introduced during
Detective Williams's testimony that showed appellant
throwing up gang signs and at least one photo showed a gun in
appellant's right pocket. Detective Williams stated that
one photo showed appellant with Adrian Clinkscale while
Adrian was holding a gun. He testified that appellant was
suspected to be involved in some other criminal activity with
Adrian, specifically, committing terroristic acts, but no one
could point appellant out in the photo spread.
cross-examination, Detective Williams acknowledged that
appellant had never been charged with committing a
terroristic act. He stated that Marsha was able to see who
was in the Impala although she was facing the opposite
direction at the time of the shooting because the Impala
passed her going the opposite way. He said that Marsha left
quickly after the shooting. Detective Williams admitted that
he did not look to see whether Daniels or Anthony had
criminal records. He stated that a criminal-background check
on appellant came up negative for prior arrests.
Stevens, appellant's grandmother, testified that she was
unaware of appellant's current address because his mother
had just moved. She stated that appellant had lived with his
mother his entire life. She said that appellant's mother
"worked with pharmaceutical with the hospitals."
She stated that appellant lived with his mother and two of
his brothers. She testified that appellant's oldest
brother lived with her. Stevens testified that she believed
appellant's father was incarcerated. She described
appellant as a respectful, obedient child who could cook and
clean. She stated that this was appellant's first time
being arrested and being away from his mother for an extended
period. She opined that appellant is a person receptive to
programs that would help him change. She stated that she had
watched him participate in programs over the years and
"do different things that would show that he could be
rehabilitated if he were part of a program." She
testified that she had never known appellant to have or carry
a weapon. She stated that she worked as a mental-health
paraprofessional and had come across people resistant to
programs, treatment, and rehabilitation. She said that she
had not seen that type of resistance in appellant. She
If this case were transferred to the extended juvenile
jurisdiction of the juvenile courts, and he were ordered to
be a part of a treatment program, assessment, counseling,
anger management, all those sorts of things, I believe that
he would benefit from those. I believe he would actively
participate in those.
With respect to education, I believe if he was placed in a
position where he could get his education or at least finish
his education, that he would do that. One of his motives for
getting out is he wants to get back in school this fall.
denied having any knowledge of appellant's gang
affiliations. She stated that appellant wore a variety of
colors, not just red.
cross-examination, Stevens stated that she was aware that
appellant had gotten suspended from school, but she did not
know the reason. She identified appellant in the photos
introduced during Detective Williams's testimony. She
stated that Adrian is appellant's half-brother. She said
that she was unaware if appellant was with Adrian when Adrian
committed the terroristic act.
Ward, the librarian at Dunbar Magnet Middle School, testified
that she had known appellant's family for fifteen years.
She stated that she had taught appellant third and fifth
grade at Wakefield Elementary, where she worked eleven years
before going to Dunbar. She said that she maintained contact
with appellant after he left Wakefield. She testified in
Based upon my contact with him, as far as his home
environment, he always has lived with his mother. He is
living as a juvenile. Based upon what I've seen, I have
never seen anything to indicate that he has expressed a
desire or even ...