APPEAL
FROM THE OUACHITA COUNTY CIRCUIT COURT [NOS. 52CR-14-49 &
52CR-16-272] HONORABLE EDWIN KEATON, JUDGE
Jessica S. Yarbrough, Deputy Public Defender, for appellant.
Leslie
Rutledge, Att'y Gen., by: Rachel Kemp, Ass't
Att'y Gen., for appellee.
WAYMOND M. BROWN, JUDGE.
Appellant
Dylan Johnson appeals his convictions for one count of felony
fleeing and three counts of aggravated assault in case number
52CR-16-272. He was sentenced as a habitual offender and
received an aggregate sentence of thirteen years'
imprisonment. This sentence was to run consecutive to his
ten-year sentence in 52CR-14-49.[1] Appellant argues that his
convictions should be reversed because the State failed to
present sufficient evidence that he was the person driving
the vehicle in question. We affirm.
Melinda
Steed testified that appellant was driving her white Chevy
Tahoe with blue headlights on the evening of October 5, 2016.
She stated that around dusk, the police activated the lights
on the vehicle, and appellant fled in her vehicle. She
testified that she was afraid for her life while appellant
was running from the police. She said that appellant left her
when the chase ended and got into another car. She testified
on cross-examination that she had a sexual relationship with
appellant. She also admitted that she was using
methamphetamine that night. She stated that her vehicle has
dark tint on the windows but that she was unaware of the
percentage. However, she said that "you can see through
them with the light shining on them." Steed acknowledged
that she told someone she hoped she was not called to testify
at trial because she would not be a credible witness. She
said that she did not have a 100 percent memory of the event
because it was traumatic for her. On redirect, Steed
identified appellant as the person who drove her vehicle on
October 5. On re-cross, she stated that she never really
noticed appellant's tattoos.
Dustin
Vaughn testified that on October 5, 2016, he worked as a
part-time officer with the Bearden Police Department. He
stated that on that day, he was sitting at the intersection
of Jordan Avenue and Bowman Road around dusk when he came in
contact with appellant. According to Vaughn, he saw appellant
run the stop sign at the intersection. He stated that he knew
appellant prior to October 5. Vaughn said that he attempted
to make a traffic stop on appellant, but appellant did not
stop. He stated that he pursued appellant and that the chase
reached speeds between 80 and 90 miles an hour. Vaughn
testified that he followed appellant onto County Road 233 but
subsequently slid off the road. He said that appellant ran a
total of three stop signs. Vaughn testified on
cross-examination that it was 8:00 p.m. when he came in
contact with appellant. He stated that it was "still
daylight a little bit" and that he observed appellant
through the driver's side window with help from the dusk
light and a street light. He said that he did not notice
anyone in the vehicle with appellant. He testified on
re-cross that he initially saw appellant through the
driver's side window but subsequently viewed him through
the windshield when appellant backed out of the apartment
complex and headed toward him.
Jared
Brownlee testified that he was on duty with the Bearden
Police Department on October 5, 2016. He stated that he saw
appellant at Bowman Road and Jordan Avenue driving a white
Tahoe with blue HID lights. He said that he saw Steed in the
passenger seat of the vehicle. He stated that he witnessed
appellant run the stop sign and asked Vaughn to stop the
vehicle. He said that he did not see them again. However, he
stated that he saw the vehicle after the pursuit was over. He
said that he and other officers were on a gravel road but
that they did not know where appellant was. He stated,
We were outside our vehicles talking on the gravel road, and
as I was walking down the gravel road, the blue HID lights
came on and the engine started revving and it spooked me. I
ended up jumping in the ditch to get out of the way. The
vehicle was about 40 yards away whenever it started at me.
Brownlee
stated on cross-examination that he did not see anyone when
the vehicle came toward him because he jumped out of the way.
Anthony
Nicholson of the Ouachita County Sheriff's Office
testified that he was on patrol on October 5, 2016, and
headed to assist the Bearden Police Department in the
pursuit. He stated that he saw the vehicle a couple of times
but that he was unable to see who was driving it. He
testified that when the chase ended, he was on Ouachita 247,
which is a gravel road. He stated that he and the other
officers exited their vehicles and began to have a
conversation when he saw "the lights come on and then
[saw] a white Tahoe come drive aggressively towards us. Like
it was speeding up." Nicholson stated on
cross-examination that he never saw the driver of the Tahoe.
He stated on redirect that he believed the vehicle came from
the woods.
Rusty
Bailey of the Ouachita County Sheriff's Office testified
that he was also in pursuit of the white Tahoe on October 5,
2016. He stated that he witnessed the vehicle violating
several traffic laws, including fleeing from police and
reckless driving. He said that the vehicle came from Justice
Farms on a gravel road from 233, and that when the vehicle
came around the curve, it was sideways and had to go in front
of him. He stated that the vehicle never stopped at a stop
sign. He testified that he and the other officers stopped and
were talking when they heard a loud noise and then "all
of a sudden lights come on and just . . . actually heard an
engine rev and gravel slanging and headed straight for
us." He said that the Tahoe "seemed like it came
out of the woods" while they were standing there and
that he was "probably" scared for his life at that
time. He said on cross-examination that he never saw the
driver.
After
appellant unsuccessfully moved for a directed verdict at the
conclusion of the State's case, he put on his alibi
witness, Katherine Pennington. Pennington stated that she was
with appellant from around noon on October 5, 2016, until the
next day. She said that she and appellant arrived at her home
in Chidester between 3:30 and 4:00 p.m. She stated that she
does not have a vehicle but used her dad's truck to pick
appellant up. She said that appellant agreed to go with her
to her doctor's appointment in El Dorado on October 6,
2016. She stated that no one besides her saw appellant at her
house until 8:30 a.m. the next morning when her mother
returned from Florida.
Margie
Wallace, Pennington's mother, testified that appellant
was at her house the morning of October 6, 2016, when she
returned home. She stated that she did not ...