FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46CR-13-464]
HONORABLE BRENT HALTOM, JUDGE
Phillip A. McGough, P.A., by: Phillip A. McGough, for
Rutledge, Att'y Gen., by: Rachel Kemp, Ass't
Att'y Gen., for appellee.
Dana Marie Daniels was convicted of committing aggravated
assault on a family or household member. Dana was tried by a
jury in Miller County, and she received the maximum sentence
of six years in prison and a $10, 000 fine. Dana argues on
appeal that the trial court erred in denying her motion for
directed verdict, which is a challenge to the sufficiency of
the evidence to support her conviction. The State contends
that appellant's arguments are not preserved for
appellate review. We affirm.
challenge to the sufficiency of the evidence, we review the
evidence in the light most favorable to the State and
consider only the evidence that supports the conviction.
Cluck v. State, 365 Ark. 166, 226 S.W.3d 780 (2006).
Evidence is sufficient if it is of such character and force
that it, with reasonable certainty, compels a conclusion one
way or the other without resort to speculation or conjecture.
Id. The credibility of witnesses is an issue for the
jury. Kinsey v. State, 2016 Ark. 393, 503 S.W.3d
772. 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.
was charged with committing aggravated assault on a family or
household member as defined in Ark. Code Ann. § 5-26-306
(Repl. 2013), which states in pertinent part:
(a) A person commits aggravated assault on a family or
household member if, under circumstances manifesting extreme
indifference to the value of human life, the person
(1) Engages in conduct that creates a substantial danger of
death or serious physical injury to a family or household
alleged victim in this case was Dana's ex-husband Troy
Daniels, and the incident occurred on the night of July 18,
2013. Dana and Troy divorced in 2005, but they continued to
live in the same house, and Dana worked as an employee of
Troy's tire business. Troy eventually fired Dana, which
led to Dana having a confrontation with Troy at their home
testified that when Dana got home, she began to scream and
yell at him about firing her and hiring a replacement. At
some point, Troy went to bed, but about an hour later, he was
awakened by getting "clobbered." He said that Dana
busted his cheek with some object, but he did not know what
the object was. Troy got out of bed and left the house, going
toward a car in the yard. Troy described Dana as "crazy
that night, " yelling that he was "not going
nowhere." Troy was trying to unlock the car door when he
heard a gunshot that sounded like it was right by his ear.
Troy ran down the road and heard a second shot fired. Two
sheriff's deputies responded to a 911 call, and they
found Troy about a half mile away from the house. Troy told
them that he and Dana had been in an argument and that Dana
had shot at him.
deputies went back to the house where they saw broken glass
and shell casings around the car. The deputies summoned Dana
to come out of the house to talk, and Dana told them that it
was Troy who had fired the gun at her.
was another person staying at the house that night,
Dana's friend Vickie Patterson. Vickie testified that
Dana came into the bedroom where she was sleeping, took a gun
out, and told Vickie that she was "getting the gun"
and "gonna kill him." Vickie got up and followed
Dana out of the bedroom. Vickie saw Troy going outside and
Dana running after him. She yelled at Dana, telling her not
to shoot the gun, but Dana fired a round; a shell casing
dropped inside the house. Vickie ran back to the bedroom and
heard another shot fired. Vickie said that when Dana came
back in the house, Dana asked her to tell the police that
Troy had a gun on her (Dana). Vickie told Dana that she would
not lie for her.
deputies observed that a gunshot had shattered the car window
and found a loaded nine-millimeter pistol behind the front
door. The deputies also located multiple shell casings on the
property, one of which was found on the house's tile
floor within three feet of the pistol. Another witness, Lisa