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B.T. v. State

Court of Appeals of Arkansas, Division III

October 23, 2019

B.T., Appellant
v.
STATE of Arkansas, Appellee

Page 388

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          APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [NO. 16JJV-18-379], HONORABLE BARBARA HALSEY, JUDGE

          Terry Goodwin Jones, for appellant.

         Leslie Rutledge, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee.

          OPINION

         BART F. VIRDEN, Judge

          BT appeals the circuit court’s determination of delinquency and challenges the sufficiency of the evidence that he committed residential burglary, theft of a firearm more than $2500, theft of property, and possession of a handgun. We affirm.

          I. Relevant Facts

         On October 15, 2018, the State filed a petition alleging that BT was a delinquent juvenile and asserted that on October 9, BT committed the following offenses: (1) residential burglary, Ark. Code Ann. § 5-39-201 (Repl. 2013); (2) theft of a firearm more than $2500, Ark. Code Ann. § 5-36-103(b)(2)(C); (3) minor in possession of a handgun, Ark. Code Ann. § 5-73-119 (Repl. 2016); and (4) theft of property, Ark. Code Ann. § 5-36-103.

          At the hearing, captain Keith Carter and fire marshal Jason Wills of the Jonesboro Fire Department testified. Wills explained that he and Carter were investigating an arson that occurred on October 8, 2018, on Harrisburg Road in Jonesboro. Wills testified that on October 9, at around 1:45 p.m. while he and Carter investigating the arson, he saw BT and two other boys, GW and JS, walking south on Harrisburg Road. Wills and Captain Carter got in the fire department vehicle and drove toward the boys to speak to them, but boys had disappeared. Wills testified that they drove up and down Harrisburg Road and that Carter thought he saw someone standing on the back deck of a home immediately south of the home where the arson had occurred. Wills stated that around 2:35 p.m., the boys reappeared, and he observed JS and GW walking north on Harrisburg Road, and BT riding a hoverboard heading the same direction. Wills testified that JS was carrying a blue duffle bag, and GW was walking away from the other two. Wills recalled that when he and Carter first saw the boys, they "did not have anything on them." Wills testified that they caught up to BT in a nearby church parking lot and spoke to him about why he was not in school and asked him "general questions." While they were talking to BT, Wills and Carter noticed JS hiding behind a structure with the blue duffle bag open beside him. JS was instructed to put his hands on the wall, and Wills patted him down. Carter saw that the blue duffle bag was unzipped and that there were "multiple pistols" in it. Wills handcuffed JS, and by this time BT had walked away. Wills testified that he had not told BT he was not free to leave and that their conversation had been cut short because he had turned his attention to JS.

          Detective Joe Robinson with the Jonesboro Police Department testified that the fire marshals radioed in that they were looking for three juveniles possibly connected with an arson and a ...


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