FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO.
60CR-15-538] HONORABLE LEON JOHNSON, JUDGE
William R. Simpson, Jr., Public Defender, by: Clint Miller,
Deputy Public Defender, for appellant.
Rutledge, Att'y Gen., by: Amanda Jegley, Ass't
Att'y Gen., for appellee.
KENNETH S. HIXSON, JUDGE
Brandon Wallace was charged with rape and second-degree
sexual assault allegedly committed against A.M. when she was
thirteen years old. After a jury trial, Mr. Wallace was
acquitted of rape but convicted of second-degree sexual
assault. For this conviction Mr. Wallace was sentenced to
fifteen years in prison, and he now appeals.
appeal, Mr. Wallace raises one argument. He argues that the
trial court erred in failing to give the complete version of
his proposed jury instruction pertaining to consciousness of
guilt. We affirm.
2014, Mr. Wallace lived with his then girlfriend of five
years, Becky. Becky is A.M.'s mother. Also residing in
the house were A.M. and her three younger siblings. Mr.
Wallace is not the father of either A.M. or the second oldest
child, but he is the father of the two youngest children. The
State alleged that Mr. Wallace had sexually assaulted A.M.
between September and November 2014. These incidents
allegedly occurred when Becky, a night-shift ER nurse, was at
work while Mr. Wallace was at home watching the children.
to trial, the State filed a motion of its intent to introduce
testimony that after the allegations against him surfaced,
Mr. Wallace purchased a gun and told one of the State's
witnesses (Becky) that he was going to kill himself. The
State also sought to introduce testimony that when Mr.
Wallace was arrested, he asked the police to shoot him. Mr.
Wallace filed a response to the State's motion, seeking
to exclude this testimony on the grounds that this proposed
evidence of his consciousness of guilt violated Arkansas
Rules of Evidence 403 and 404(b). Mr. Wallace argued, among
other things, that any probative value of the proposed
testimony was outweighed by its unfair prejudice. After a
pretrial hearing on the State's motion, the trial court
denied Mr. Wallace's objection to the testimony and ruled
testified at trial that she was born on December 28, 2000.
A.M. stated that Mr. Wallace touched her inappropriately on
multiple occasions beginning in September 2014. A.M.
testified that the first time this happened Mr. Wallace came
into her bedroom, and while she was lying down, he felt her
breast, buttocks, and inner thigh through her clothing. A.M.
stated that this happened while her mother was at work.
According to A.M., on the following day Mr. Wallace warned
her that if she told anyone what had happened he would kill
her and her family. A.M. testified that over the next couple
of months Mr. Wallace touched her in this manner about four
more times over her clothing and touched her twice underneath
last such occurrence happened on the night of November 6,
2014. A.M. stated that while her mother was at work, Mr.
Wallace came into her bedroom and was touching her mainly on
her inner thigh. A.M. told him to stop and then got angry and
left the house. While A.M. was walking away from their house,
Mr. Wallace followed her in his truck and was trying to get
her to get into the truck to take her back home. The police
arrived as A.M. and Mr. Wallace were arguing, and A.M. told
the police that she did not want to go back to the house
because Mr. Wallace rapes her there.
Keith Wilson testified that he arrested Mr. Wallace on the
night of November 11, 2014. Officer Wilson testified that he
approached Mr. Wallace's truck and that Mr. Wallace
pulled out a cell phone, pointed it at the officers, and said
"shoot me." Officer Wilson could tell it was a cell
phone from the light of the cell phone, and he told the other
officers not to shoot. Mr. Wallace was then taken into
mother, Becky, testified that she first became aware of the
allegations against Mr. Wallace on the night of November 6,
2014, when she was contacted by the police. Becky stated that
Mr. Wallace has not lived in their house since that time.
Becky testified that a few days after these allegations
surfaced but before Mr. Wallace was arrested, he approached
her in her garage; he had a gun in his hand and was making
statements about killing himself with the gun.
the State rested, Mr. Wallace made arguments to the trial
court regarding his proposed jury instruction on
consciousness of guilt. Mr. Wallace proffered the following
Members of the jury, you are instructed that evidence of
other alleged crimes, wrongs or acts of Brandon Wallace may
not be considered by you to prove the character of Brandon
Wallace in order to ...