As much that is going on, Searcy is still a good town, said DeWitt. There is also no evidence that Leon Catlett, or any other attorney, was actually employed by appellant to represent him relative to the police investigation of Mrs. Rodgers' murder. Both the deceased and the appellant were very prominent, longtime residents of White County. Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them. We have concluded that the trial court's instructions were correct statements of the applicable law which fully and completely instructed the jury on the issues in question. Discuss Searcy, Arkansas (AR) on our hugely popular Arkansas forum. , Print length At the request of the appellant he was also permitted to personally confront Miss Hale, who confirmed to the appellant that she had made the statement to the police. December 28, 1997. Jesus Silvia was a 39 year-old Hispanic male from Jacksonville who was reported missing on Wednesday, June 9, 2004. Dr. Oscar Kozberg was a staff psychiatrist at the State Hospital and was the State's primary witness on this issue. Porter R. RODGERS, Sr., Appellant, Upon arriving, the appellant was informed by Officer W. A. Tudor that he was a suspect in the capital felony murder investigation of his wife's death. , Publication date Police say that based on evidence they have that Frank murdered his wife before committing suicide. I have met with his sister, brother and mother who all have questions that need to be answered. A police investigation revealed the 70-year-old doctor had been enjoying the company of Peggy Hale, his 21-year-old receptionist. Arkansas parents, educators react to Texas elementary school massacre. In any event, we do not accept as valid the proposition that a jury qualified to return a death penalty is necessarily prejudiced on the question of guilt or innocence. The State's evidence was to the effect that the defendant was legally sane and that he was competent to understand and intelligently waive his rights. The record herein is clear that the appellant's counsel was already aware of the facts surrounding Policeman Lester's discipline by his employer. He was lying on a bed in his bedroom with blood on his face from an apparent gunshot wound from a .38 caliber bullet. There is no contention in this appeal that Lester's testimony on cross-examination was in any way inconsistent with the information contained in his personnel file. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Police said that based on the evidence they have; it is believed that Ollis Jr. murdered his wife and then committed In the first place, a thorough review of the record convinces us that there was evidence from which the jury could have concluded that the appellant was guilty of capital felony murder. Dr. Taub's test results and his opinions were merely cumulative and in no way inconsistent with the tests and opinions expressed by other evidence presented by the State at the trial. The appellant does not contend that the personnel file itself, or any part of it, was admissible in evidence. Growing up, she was religious and attended Harding University in the same city. WebThe 2019 crime rate in Searcy, AR is 456 (City-Data.com crime index), which is 1.7 times higher than the U.S. average. On Thursday June 24, 2004, human remains were found off of Rio Vista Road in White County and were later identified as Jesus Silvia. Over time, I gathered the hazy idea that a doctors wife had been murdered during a robbery and/or maybe that the doctor had killed her. SEARCY, Ark. The appellant's condition was not different than that which would be expected in a person of his age. The appellant knew the difference between right and wrong. APPLY Online Schedule a VISIT Make a Gift. See Turner v. State, 258 Ark. Higher means more crime, U.S. average is 270.6. After the trial, it was discovered that the reports of Dr. Daniel Taub relative to his examination and tests of the appellant had been omitted from the State Hospital file. In Perry v. State, supra, we noted that the inflammatory nature of a photograph would not alone render it inadmissible. Varnell is also accused of stabbing his father. .orange-text-color {color: #FE971E;} Explore your book, then jump right back to where you left off with Page Flip. The appellant met Lester between 12:30 P.M. and 12:45 P.M. on November 9 in Room 124 at the Kings Inn Motel. For instance, the appellant argues here that this confession is inadmissible under our rule in Pierce v. State, 248 Ark. The appellant was not mentally defective. Appellant was given a Miranda warning and promptly signed a written waiver of those rights. Atty. : A hearing was held on that motion at which Dr. Taub testified. Lester then asked that the appellant accompany him to the prosecuting attorney's office for a formal interview. SEARCY, Arkansas A suspect has been taken into custody after a Black man was found dead at an apartment in Searcy Wednesday morning. Using your mobile phone camera - scan the code below and download the Kindle app. Gamble has been charged with first degree murder, and residential burglary. Within Arkansas, more than 93% of the communities have a lower crime rate than Searcy. 3090, 41 L.Ed.2d 1039; Commonwealth v. Dominico, supra; People v. Bottom, 76 Misc.2d 525, 351 N.Y.S.2d 328 (1974). The appellant contends that filing the more serious charge is reversible error unless there is evidence in the record which would have sustained a jury verdict of guilty to the charge of capital felony murder. We cannot say that it was abused. The confession was given freely and voluntarily. Officers with the Searcy Police Department responded to South Oak Street for a welfare check on Van Stevens, 74 of Searcy. On this point we agree with the following statement of Mr. Justice Stewart in the Witherspoon case. All the trademarks displayed on this page are the property of Location, Inc. Further, we have reviewed the instructions offered by the appellant and refused by the trial court. This occurred at approximately 3:00 A.M. the morning of November 9. In summary, Dr. Rodgers testified that he was threatened, mistreated, and abused by Officer Lester and that he does not remember making the statements that went into his confession. 693, 306 N.E.2d 835 (1973); U.S. v. Iozia, D.C., 13 F.R.D. On Friday, May 15 around 8:15 a.m., officers with the Searcy Police Department responded to Horton Street to check the welfare of Madison Clevenger, 23 of Searcy. 1770, 20 L.Ed.2d 776 (1968). The substance of the appellant's evidence was that while he was legally responsible for his conduct, he suffered from diminished capacity under stress, both with respect to the ability to tell right from wrong and to knowingly and intelligently waive his constitutional rights. Appellant's only argument is that the conduct of the police in obtaining the confession, considered in light of all the other circumstances, was such as to compel exclusion of the confession for the stated reasons. Do you believe that this item violates a copyright? Please try your request again later. For details, please see the Terms & Conditions associated with these promotions. WebDeputies identified the victim as Tim Blackburn, 59, who was transported to a local hospital and later died. EVENTS. There was a Porter Rodgers Sr. & Jr., which was confusing & I really disliked the idea of anything disturbing my childhood fantasies about the big white house so I didnt pursue much info. WebMost accurate 2021 crime rates for Searcy, AR. WebJames Waybern Hall: The murderer known as "Big Jim" killed 4 people, including his wife, in Arkansas between 1944 and 1945. In addition to capital murder, Jacob Seth Varnell was arrested on suspicion of criminal attempt to commit capital murder. WebTwo unsolved Ozarks murders are back in the news this week. The facts and circumstances surrounding the confession will now be set forth in some detail. Property crimes that are tracked for this analysis are burglary, larceny over fifty dollars, motor vehicle theft, and arson. Book was based on true story in Searcy AR. The photographs in question were color shots of the deceased's remains as discovered at the crime scene. There we held that the State had the burden of proving by a preponderance of the evidence each element essential to the admissibility of a confession. Copyright 2023 Nexstar Media Inc. All rights reserved. It also analyzed reviews to verify trustworthiness. Update: SEARCY, Ark.- Searcy Police and U.S. The appellant then apparently, although he denies any recollection of it, made a statement to Lester which was incorporated in the confession. Witnesses in the area said that they saw a small blue car leaving Kimberly's home shortly before the flames were seen. 70, 328 S.W.2d 836 (1959). Region 8 News will have more details as they become available. We have concluded that the trial court did not here abuse its discretion because the alternatives it provided appellant's counsel were reasonable under the circumstances, and we are unable to say that appellant suffered any prejudice. Mike is a husband, father and friend who enjoys working and living in the Washington, DC metropolitan area. Both bodies have been sent to the state crime lab. The appellant describes the interview or interrogation itself in the following terms: The record reveals the following testimony by Officers Lester and/or Stevens contradictory to the Rodgers' version. For Searcy, we found that the violent crime rate is one of the highest in the nation, across communities of all sizes (both large and small). : The 68-year-old socialite was murdered, The trial court stated that the appellant could either have a stenographer take notes, those notes not to constitute an unofficial verbatim transcript, or that the appellant could use an electronic recorder to be operated by counsel for the appellant. There is no contention by the appellant that the death penalty jury was improperly qualified under the guidelines established in Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. This request was also refused by the trial court. SEARCY, Ark The Searcy Police Department is making a call for more officers as violence makes its way into the city and surrounding areas. Very good look at a historical crime without the dreariness of the over-explanation of the appearance of the town and its people that drag down so many of these books. In other words, once Dr. Rodgers had stated an intention to consult an attorney, the appellant argues that the State was effectively barred from further interrogation until the consultation with an attorney had in fact taken place. Dr. Douglas Stevens, a clinical psychologist, testified for the appellant by stipulation that the appellant's waiver of rights signed at 3:10 P.M. on November 9, " Would have been the product of confusion, it would not have been the product of intelligence and understanding." Separately, it is always interesting and important to compare a city's crime rate with those of similarly sized communities - a fair comparison as larger cities tend to have more crime. : Your recently viewed items and featured recommendations. Raw data sources: The appellant argues that the prosecution knew in advance of jury selection and trial that its evidence would not support a capital felony murder conviction. Police say Frank Ollis murder his wife Jesayia before killing himself. Upon arrival, Sheriffs Deputies found William C. Varnell, 63, inside the home with multiple stab wounds. And further, before any such subsequent interview was commenced, Dr. Rodgers was again advised of his rights and willingly signed a written waiver of those rights. A well written, straight forward presentation which had me eager to learn the outcome! Give as a gift or purchase for a team or group. A welfare check in Searcy leads officers to a home where they found a woman dead. After dropping the appellant at Noble's Motel at about 4:45 A.M., Lester had no contact with the appellant until 12:30 P.M. At that time the appellant phoned Lester and stated, apparently referring to their 12:00 noon appointment, that he had been delayed and was just leaving to meet Lester. Lester phoned again a third time at about 11:45 A.M., and, according to the appellant, said, "We'll meet at the motel." Since no one was in the office, Lester requested that another policeman, Doug Stevens, be present during the interview with the appellant. Last seen in the McRae, Arkansas area on August 3, 1995. How much help are American volunteers in Ukraine? Dr. Rodgers was a seventy year old physician actively engaged in a profitable medical practice in Searcy. den. See, U.S. v. Nixon, 418 U.S. 683, 94 S.Ct. Bishop was already being held at the White County Law Enforcement Center on the charges of Possession of a Firearm By Certain Persons and Theft by Receiving. Maddison Clevenger, a 23-year-old Searcy paramedic, was found shot dead in her residence on Horton Street on May 15, 2020. The appellant entered pleas of not guilty and not guilty by reason of insanity. The appellant arrived at Room 124 a few minutes later. Police in Searcy are investigating a murder/suicide that occurred on N. Ella St. Wednesday afternoon. The appellant's "level of functioning" at the time he was examined was the equivalent of an I.Q. Reviewed in the United States on August 2, 2022. Shores v. U.S., 174 F.2d 838, 11 A.L.R.2d 635 (8th Cir., 1949). How much help are American volunteers in Ukraine? He was last seen alive on Tuesday, June 8, 2004 in Jacksonville with an alleged drug trafficker. At the time of appellant's trial there was such a statute in Arkansas. A forensic examination determined that he died as a result of blunt force trauma and the death was ruled a homicide. , 2 Hot Springs murder-suicide cases happen within, Kirby tornado nearly crushed familys home, LR Central High students protest LEARNS Act, Residents recover as storms destroy homes in Kirby, AR Food Hall of Fame events coming March 6, Summit Utilities CEO responds to customer concerns, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. WebSEARCY, Ark. After a lengthy jury trial the appellant was convicted of first degree murder and sentenced to life imprisonment. Anonymous tips are also accepted through White County dispatch. This morning they went to a home on Horton St to check on Madison Clevenger. The appellant contends that this was reversible error. It just did. Dr. Kozberg also stated his opinion that the test results obtained by Dr. Althoff were not inconsistent with the results of Dr. Taub's tests. Townsend v. City of Helena, 244 Ark. Loved ones described the 26-year-old The appellant's counsel took advantage of neither alternative. SEARCY, Ark. Therefore, the trial court's ruling on the admissibility of the photographs was not an abuse of its discretion. Mrs. Varnell was later removed from the scene by the White County Coroners Office and sent to the Arkansas State Crime Lab for a forensic autopsy.. It is undisputed that the appellant did not consult with any attorney during the period of November 8 and 9.