TIMOTHY J. WORRALL, APPELLANT
STATE OF ARKANSAS, APPELLEE
FROM THE BENTON COUNTY CIRCUIT COURT. NO. 04CR-17-593.
HONORABLE BRAD KARREN, JUDGE.
Law Group PLLC, by: W. Whitfield Hyman, for appellant.
RITA W. GRUBER, Chief Judge. KLAPPENBACH and BROWN,
GRUBER, Chief Judge
Appellant Timothy Worrall was convicted by a Benton County
Circuit Court jury of three counts of second-degree sexual
assault, each involving a different victim. He was sentenced
to a total of twenty-nine years' imprisonment for the
three convictions. Pursuant to Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Rule
4-3(k) of the Rules of the Arkansas Supreme Court and Court
of Appeals, Worrall's attorney has filed a motion to
withdraw as counsel on the ground that an appeal would be
wholly without merit. The motion is accompanied by an
abstract, brief, and addendum purporting to list all adverse
rulings and to explain why each adverse ruling is not a
meritorious ground for reversal. There are no pro se points
for reversal. We affirm the conviction and grant
counsel's motion to withdraw.
Counsel has identified three adverse rulings, including the
denial of appellant's motion for directed verdict. At the
jury trial, each of the three victims testified. JK testified
that she was a resident of Touchstone Village and used the
Ozark Regional Transit (ORT) bus, which was occasionally
driven by appellant. She stated that on one occasion in
February 2017, appellant touched her breast when he talked to
her. JK explained, " He said he like playing with them
and how soft they were. And he said, do not tell anybody
because he didn't want to get in trouble." JK
reported the incident to Rebecca Howard, the leasing
consultant and assistant manager for Touchstone Village. She
told Ms. Howard that she was not okay with appellant's
touching her breast and that he did not have permission. Ms.
Howard testified that JK came to her and was " very
upset." She stated that the police were called and that
the fire department responded because JK was having heart
palpitations. She explained that JK lives at Touchstone
Village because of her medical conditions.
who also lived at Touchstone Village, testified that she is
in a wheelchair and depends on others to transport her to
appointments. In March 2016, she used R & L Transportation to
go to a doctor's appointment. Appellant was the driver.
DB testified that when appellant got her on the lift ramp,
his hands all of a sudden came from behind her and he put
them on her chest. She stated that she told him to stop and
that he responded, " You want it more. You want it
more." She said she " got him using an elbow
punch." She had to take the ride home but explained that
she had appellant take her to the office rather than her home
because she was scared. Ms. Howard testified that when
DB returned that day she was upset, her face was red, and she
was crying. Ms. Howard said that DB told her that a "
man just groped her." Ms. Howard contacted the police.
After the incident, DB contacted the logistic care number and
asked that R & L Transportation not be allowed to transport
her again, but she was hung up on. She stated that when R & L
transported her again she carried a steak knife in her purse
because she was in a " state of panic."
testified that when she lived at Better Home Living in
Bentonville, she depended on others for transportation. She
stated that R & L Transportation provided transportation for
her and that appellant would occasionally be the driver. She
testified that he was usually friendly but on one occasion
seemed angry. AT explained that appellant was in the van
buckling her in when he brushed up against her breasts. At
this point, she thought it was a " mistake" but
later realized it was not. When she arrived at the
appointment, appellant reached into her blouse, pinched her
nipple, and told her he had better not lose his job. AT
testified that while at her doctor's appointment, she
called Crystal at Better Home Living to ask for a different
ride, but Crystal told her it could not be arranged. AT said
that the same thing happened when appellant got her back in
the van to ride home, stating that he " pinched
her" and " caressed" her for a while. She
testified that he again told her that she better not say
anything that would jeopardize his job. AT stated that
Crystal asked her if she was okay when ...