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McBride v. State3/9/2005
NOT DESIGNATED FOR PUBLICATION
A jury in Chicot County Circuit Court convicted Ray McBride, Sr. of fleeing. He received a fine of one dollar. McBride argues on appeal that pursuant to Ark. R. Crim . P. 3.1 "the trial court erred when it denied his motion for a directed verdict based on the argument that there was no basis for an investigatory stop because there was no reasonable suspicion that he committed or was about to commit a felony or a misdemeanor involving danger or forcible injury to persons or appropriation of or damage to property." We affirm. At trial, Officer Hayes of the Lake Village Police Department testified that on October 21, 2000, he and another officer received an anonymous call that appellant and Jason Gregg were "hanging around the back of the police department in the alley" and acting suspicious. When Officer Hayes pulled up to the alley beside the department, he saw appellant's vehicle. He pursued the vehicle in order to make an investigatory stop. He stated that he felt he should investigate because the police department had been vandalized only a few nights before. Further, Jason Gregg, a former police officer, was under investigation for breaking into the police department evidence room and stealing guns. Moreover, while Officer Hayes was pursuing appellant, he received a call over the radio that a flyer had been placed on the police department building and that a window had been broken.
Officer Hayes stated that while he followed appellant, he initiated his blue lights and activated his siren. He observed appellant "yield" at one stop sign. However, appellant ran a second stop sign and failed to signal that he was turning. The officer testified that during the time he pursued appellant, they were traveling twenty to twenty-five miles per hour. When appellant finally pulled into his son's driveway, Officer Hayes shouted for the driver to exit the vehicle; however, appellant did not exit immediately.
Following Officer Hayes's testimony, the State rested, and appellant's counsel made the following motion for a directed verdict: I move for a dismissal on the charge of fleeing, because I don't believe under Rule 3.1 the law-enforcement officer has demonstrated that he had any basis to reasonably suspect that Mr. McBride had committed or was about to commit either a felony or a misdemeanor involving danger or forcible injury to persons appropriation, damage to property.
The trial court denied the motion.
Appellant testified that as he pulled out of an alley near the police department, his vehicle was pursued first by Officer Hayes and then by Officer Charles Moore. Appellant testified the officers did not turn on their lights, and only "flicked" on a siren long enough to make a sound. Appellant did not immediately pull over. He explained that he had previously filed numerous complaints with the sheriff regarding the Lake Village Police, and the sheriff had instructed him to go to a well- lit, public area if he were ever being pursued by the Lake Village Police. Appellant testified that he followed the sheriff's instructions and waited until he arrived at his son's house to stop for the officer, which was three-tenths of a mile away. His son was a police officer in Dumas and Greenville. Appellant felt safe stopping at his son's house because it was well-lit, and he knew his son, daughter-in-law, and grandson were home at the time.
Chicot County Sheriff, Floyd White, testified that he was aware that appellant and his family perceived themselves to have been harmed by an officer of the Lake Village Police Department and that appellant had filed complaints regarding The Lake Village Police. Sheriff White also testified t
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