FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO.
72CR-15-2035-7], HONORABLE JOANNA TAYLOR, JUDGE
R. Raupp, Arkansas Public Defender Commission, for appellant.
Rutledge, Atty Gen., by: Chris R. Warthen, Asst Atty Gen.,
K. WOOD, Associate Justice
convicted Mark Chumley of capital murder and sentenced him to
life imprisonment. Chumleys single argument on appeal is
that the circuit court should have granted his
directed-verdict motion because there was insufficient
evidence that he was guilty of either capital or first-degree
murder as felony murder during a rape or an attempted rape or
intentional murder. We affirm.
Chumley lived in Fayetteville with his girlfriend, Rebecca
Lloyd, and her three children. John (Chris) and Tori Davis
also resided with them. Allegations of sexual abuse and
environmental neglect had been lodged against Rebecca.
Investigators inquired into the allegations, which upset
Chumley, who believed someone was trying to set him up for
the sexual abuse of Rebeccas daughter. Chumley blamed Tori
for the investigation.
Chumley told Chris that Tori was cheating on him. Both men
began hitting her with baseball bats. Later, Chumley called
Christopher and Desire Treat to come over to the house.
Christopher and Desire had a history of animosity toward
Tori. When Christopher and Desire arrived, Chumley encouraged
them also to strike Tori with baseball bats. While the four
took turns beating Tori, Chumley repeatedly asked her about
calling the Arkansas Department of Human Services (DHS).
Chumley also questioned Tori about what she knew of his own
daughters rape. When Tori hesitated, Chumley would strike
her across the knees with a bat. Anytime Chris or Christopher
hesitated in striking Tori, Chumley would remind them of the
things she had done to them.
some point, Tori fell off the porch. She was then dragged
into the driveway, causing her pants to come off. Chumley
instructed the others to retrieve a battery charger, and he
attached the jumper cable clips to Toris nipples. He then
shocked her for several minutes. Chumley also told
the others to shove a baseball bat inside her vagina. When
Desire told Chumley that it "wasnt going to work,"
Chumley told Chris to retrieve some chainsaw oil from the
house to use as a lubricant. He told Desire to pour the oil
inside her and try to insert the bat again. Desire and
Chumley again tried to insert the bat into Toris vagina
while the others held her down and kept her legs open.
group then carried Tori to another house on the property.
Once inside, Chumley injected Tori with a white substance he
took from a Mountain Dew bottle before leaving. Tori died
from her injuries. Chumley then directed Chris and
Christopher to burn the evidence. The following day, Chumley
called 911. During the call, Chris got on the phone and told
the operator that he had killed Tori because she was
threatening to divorce him. Police who arrived on the scene
thought Chumley was acting erratically and trying to prevent
them from talking to his accomplices separately.
State pursued charges against Chumley, Chris, Christopher,
and Desire. Chumleys accomplices all pleaded guilty and
received term-of-years sentences and testified at Chumleys
trial. The court instructed the jury under two types of
capital murder and first-degree murder— felony murder
with the underlying felony of rape or attempted rape and