Steward v. State

2022 Ark. App. 196

644 S.W.3d 253

Corey STEWARD, Appellant

v.STATE of Arkansas, Appellee

No. CR-21-559

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered May 4, 2022

Potts Law Office, by: Gary W. Potts, Monticello, for appellant.

Leslie Rutledge, Att'y Gen., by: Adam Jackson, Ass't Att'y Gen., for appellee.

STEPHANIE POTTER BARRETT, Judge

Corey Steward appeals his conviction in the Lincoln County Circuit Court for aggravated assault upon an employee of a correctional facility for which he was sentenced to fifteen years’ imprisonment in the Arkansas Department of Correction (ADC). He argues that the State failed to prove that the liquid thrown on the officer was urine and that the circuit court erred by denying his motion to dismiss. We disagree and affirm his conviction.

Steward was charged by information on February 12, 2020, with aggravated assault on an employee of a correctional facility in violation of Arkansas Code Annotated section 5-13-211 (Supp. 2021). It was alleged that Steward threw a cup of urine on Correctional Captain Joseph Mahoney during his incarceration. A jury trial was held on June 22, 2021.

Mahoney testified that on November 8, 2019, he was working in the Varner Unit of the ADC and received a call from two corporals who needed assistance securing a trap door¹ in Steward's cell. Steward had stuck his arm through the trap door and refused to allow the officers to close it because he wanted to speak to an officer. Mahoney approached the cell, and Steward threw a cup of liquid at him, hitting his face and the upper part of his shirt. He said the liquid thrown at him was urine. He said it had a strong smell and was warm. On cross-examination, Mahoney admitted that his original report about the incident stated he was hit with an "unknown liquid substance." He explained that he amended his report to state that the liquid thrown was urine because he did not realize what the liquid was until he removed himself from the area.

Steward moved for dismissal of the charge following the State's case-in-chief, arguing that there was insufficient evidence to prove that the substance thrown on Mahoney was urine. The circuit court denied Steward's motion for a directed verdict finding that it was a question of fact for the jury to decide.

Steward testified in his own defense. He explained that he wanted to speak to an officer that day to ask if he could be moved away from the inmate in the next cell. Steward said he threw water that he obtained from his sink on Mahoney and "was kind of coerced to do it." Steward admitted during cross-examination that he had received four prior disciplinaries while in the ADC for throwing bodily fluids. The defense rested and renewed the motion for directed verdict on the same grounds. This motion was also denied. After deliberations, the jury returned a guilty verdict and sentenced Steward to fifteen years’ imprisonment.

Motions for directed verdict are treated as challenges to the sufficiency of the evidence. Stuart v. State , 2020 Ark. App. 131, 596 S.W.3d 552. When reviewing the denial of a directed verdict, the appellate court will look at the evidence in the light most favorable to the State, considering only the evidence that supports the judgment or verdict and will affirm if there is substantial evidence to support a verdict. Id. Substantial evidence is that which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion without resorting to speculation or conjecture. Id. Evidence is sufficient to support a verdict if it is forceful enough to compel a conclusion one way or another. Id. The credibility assessment of witnesses is the responsibility of the finder of fact. Dobbins v. State , 2013 Ark. App. 269, 2013 WL 1775610.

Steward's sole point on appeal is that the circuit court erred by denying his directed-verdict motions. He argues that...