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In re Beare

Court of Appeals of Arkansas, Division II

December 5, 2018

IN THE MATTER OF ANTHONY BEARE
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE ANTHONY BEARE APPELLANT

          APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, THIRTEENTH DIVISION [NO. 60PR-17-2433] HONORABLE RANDALL WELCH MORLEY, JUDGE

          William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.

          Leslie Rutledge, Att'y Gen., by: Vada Berger, Ass't Att'y Gen., for appellee.

          MIKE MURPHY, JUDGE.

         Appellant Anthony Beare appeals from the December 1, 2017 Pulaski County Circuit Court's order committing him to the custody of the director of the Arkansas Department of Human Services (DHS) for continued treatment of his schizophrenia. On appeal, Beare argues that the circuit court erred in finding that he failed to demonstrate by clear and convincing evidence that his release would not create a substantial risk of bodily injury to others. We affirm.

         This case began when Beare, forty-six years old, was charged with aggravated assault and robbery.[1] On October 27, 2017, the Mississippi County Circuit Court entered a judgment acquitting Beare of the aggravated-assault charge on the basis of mental disease or defect. The judgment specifically found that the offense involved bodily injury to another person or serious damage to property or a substantial risk of such injury or damage and that Beare remained affected by mental disease or defect. In accordance with Arkansas Code Annotated section 5-2-314 (Supp. 2017), the judgment committed Beare to the custody of the director of DHS for an examination by a psychiatrist or a licensed psychologist. Pursuant to the statute, the judgment also ordered the director to file within thirty days a report of the examination with a circuit court of jurisdiction, with a hearing to be held within ten days of the filing of the report.

         On November 29, 2017, DHS filed its report in the Pulaski County Circuit Court concerning Beare's mental health. The report was prepared by Dr. John Casey at the Arkansas State Hospital in Little Rock. Based on his evaluation, Dr. Casey diagnosed Beare with schizophrenia, moderate cocaine use disorder, and antisocial personality disorder. Dr. Casey reported that Beare continues to be affected by mental disease but not mental defect and that Beare remains a substantial risk to persons and property if not confined to a structured therapeutic environment. In the patient-history section of the report, Dr. Casey noted that Beare reported that he has spent fifteen of the last twenty-six years "locked up" in hospitals, residential-care facilities, and jails. He has a ten-to-fifteen-year history of cocaine use. Beare also reported to Dr. Casey a history of two past suicide attempts (one in his early twenties and the other four or five years ago). Beare has been convicted of forgery and public intoxication and has been arrested for aggravated assault, aggravated robbery, terroristic threatening, and battery.

         Dr. Casey concluded the report with the following opinions:

Mr. Beare remains affected by the mental disease Schizophrenia, as evidenced by paranoid and persecutory delusions and evidence of hallucinations. He was acquitted of Aggravated Assault and Robbery based on this diagnosis. Although he participates in group therapy and the therapeutic milieu, he does not currently take medications, which are necessary in order to stabilize his psychosis. He constitutes a risk of dangerousness if not maintained in treatment. This conclusion is based on the following risk factors:
1. Mr. Beare has a history of dangerousness to others or property as evidenced by the acquittal on the above charge and past convictions for Battery.
2. Mr. Beare remains affected by the mental disease Schizophrenia, which the court determined was a causative factor for the crime for which he is acquitted.
3. Mr. Beare has a history of using illicit substances, which increases his risk of dangerous behaviors if he relapses to substance use in the community.
4. Mr. Beare's score on the Hare PCL: SV was highly indicative of psychopathy and he requires further treatment to maintain a low risk of future violence as indicated by the HCR-20.
5. Mr. Beare requires continued hospitalization and court-ordered medications to stabilize his psychosis, as he has ...

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