Rehearing Denied July 17, 2019
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-17-518],
HONORABLE JOHN N. FOGLEMAN, JUDGE
Lewellen, for appellant.
Rutledge, Atty Gen., by: Kent G. Holt, Asst Atty Gen., for
D. VAUGHT, Judge
Lamarvin Farmer appeals the sentencing order entered by the
Crittenden County Circuit Court convicting him of one count
of attempted capital murder, with an enhancement for
employing a firearm; sixteen counts of second-degree unlawful
discharge of a firearm from a vehicle,
with each count being enhanced for employing a firearm; and
one count of fleeing, with an enhancement for employing a
firearm. Farmer was sentenced to a total of ninety-six years
imprisonment for these convictions. On appeal, Farmer raises
three points: (1) the circuit court erred in denying his
motion for mistrial; (2) the circuit court erred in denying
his motion for new trial; and (3) there was insufficient
evidence corroborating the accomplice testimony to support
his convictions. We affirm.
trial, the evidence established that around 9:30 p.m. on May
19, 2017, patrol officer Cody Gross of the West Memphis
Police Department observed a gold Oldsmobile Alero with three
occupants turn into a convenience store. Officer Gross
witnessed two of the occupants of the Alero, Farmer and
Vondre McClure, standing outside the vehicle at the gas
station. When the Alero left the convenience store, the
officer followed it. As the vehicle approached speeds of
fifty-five to sixty-five miles an hour, Officer Gross turned
on his blue lights to initiate a traffic stop. The Alero made
an abrupt right turn without applying the brakes, after which
someone in the backseat of the Alero pointed an assault rifle
out of the window and began firing multiple shots at the
officer. One of the bullets struck the passenger-side
windshield of Officer Grosss patrol vehicle. Officer Gross
stopped his vehicle, and the Alero drove away. Law
enforcement officers later found the Alero in a ditch at a
dead end still running with the front doors open.
Gross testified that he was familiar with Farmers vehicle
and had assumed, immediately after the incident, that Farmer
was driving it when the shots were fired from the backseat.
Gross further testified that he could have been mistaken and
that he was unable to identify the person who was driving.
After reviewing surveillance video from the convenience
store, Officer Gross stated that Farmer was wearing a green
shirt and a watch and that McClure was wearing a red hooded
Farmer, McClure, and JK, a minor, were arrested following the
incident. Farmer gave an interview to police wherein he
stated that the Alero is his vehicle and that he had been
driving the vehicle. He said that he was going to pull over
for the officer when JK unexpectedly started firing a weapon
from the backseat. Farmer denied that either he or McClure
shot at the officer. Farmer stated that once he stopped the
vehicle, he ran from his car on foot.
McClure testified at trial that JK had been driving the Alero
when Farmer, who was in the backseat, fired the assault rifle
at Officer Gross. McClure stated that when the officer tried
to stop the Alero, Farmer told JK to "go, go."
McClure further testified that when JK reached a dead end,
all three occupants jumped out of the car and ran away.
McClure stated that he met up with Farmer later that night
and that Farmer told McClure that JK was going to take the
blame as the shooter and for McClure not to
"snitch." According to McClure, when he disagreed
with Farmers plan, McClure felt threatened by Farmer.
McClure turned himself in to the authorities the next day.
McClure also testified that he had given three interviews to
police. In his first two interviews, he said that he had lied