Cite as 2009 Ark. App. 713 ARKANSAS COURT OF APPEALS DIVISION II No. CA09-195 Opinion Delivered 28 OCTOBER 2009 R.A.S., APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT, [NO. CR-2008-337 (D)] V. THE HONORABLE JAY T. FINCH, JUDGE STATE OF ARKANSAS, APPELLEE AFFIRMED D.P. MARSHALL JR., Judge The Benton County prosecutor charged R.A.S., along with six others, with aggravated robbery, kidnapping, criminal use of a prohibited weapon, and fleeing. R.A.S. was seventeen when he allegedly committed these crimes. R.A.S. moved to transfer his case to the juvenile division of the circuit court. The circuit court held a hearing and then denied R.A.S.’s motion. R.A.S. appeals the circuit court’s decision on transfer, arguing that the court clearly erred by misapplying the statutory factors. R.A.S., along with five other teenagers, met up at a party and decided to rob a Wendy’s restaurant. One of the group members had worked at the Wendy’s, and the teens developed a plan for the robbery. The teenagers obtained a shotgun, which they sawed off at the party, and some shells. They planned to use this illegal gun in the
Cite as 2009 Ark. App. 713 hold-up. The group piled into a Jeep Grand Cherokee, headed toward the Wendy’s, and parked in a nearby parking lot. Four of the six teens, including R.A.S., took off toward the Wendy’s. The others remained in the car. The foursome returned a few minutes later because a truck was blocking the back entrance, which was the door they had planned on using to enter the restaurant. With some of the group members (including R.A.S.) dissenting, the same four then headed back to carry out the robbery. One of the teenagers, without the others’ knowledge, pulled Rubonia McKibben out of her car at gunpoint. McKibben was waiting in the Wendy’s parking lot to pick up her son from work. Holding the shotgun to her head, the teenager made McKibben bang on the drive-through window. Seeing this, the Wendy’s employees went into “lock down.” The hostage-taker then took McKibben around to the back of the store where R.A.S. and the other two would-be robbers were waiting in a fenced-in storage area near the restaurant’s backdoor. McKibben locked the gate, and the teenagers began to panic. When they heard a police car approaching, R.A.S. and the young man with the shotgun forced the gate open and fled. At that moment, Jason Becker, a Rogers police officer, arrived on the scene and began pursuing the two boys on foot. R.A.S. was ahead of the second suspect, who turned around and raised the shotgun in Becker’s direction. Becker opened fire. He -2-
Cite as 2009 Ark. App. 713 shot the suspect in the arm, but the young man got up and kept running. When R.A.S. and his wounded accomplice reached their waiting vehicle, they jumped in and the driver sped off. Back in the Wendy’s storage area, McKibben re-locked the gate after R.A.S. and the other suspect fled. Hearing Becker’s gunshots, one of the two remaining suspects broke out of the storage area and ran away. About this time, Becker returned to the Wendy’s. Seeing the third suspect fleeing the scene, Becker again gave chase. Though ordered to stop several times, the suspect kept running. Not seeing a weapon, Becker re-holstered his firearm, drew his taser, and ordered the suspect to stop. The teenager relented, and Becker arrested him. McKibben, left alone with the last suspect, again re-latched the gate to the storage area. The remaining suspect threatened to kill McKibben and slapped her in the face, breaking her glasses. This last young man then fled the scene. With one of the would-be robbers in custody, however, it was not long until the police had located and arrested the entire group, including R.A.S. If the circuit court finds by clear and convincing evidence that a case should be transferred to the juvenile division, then it may order the case transferred. Ark. Code Ann. § 9-27-318(h)(2) (Repl. 2008). In deciding whether to grant or deny the transfer request, the circuit court must consider and make written findings on each of the ten -3-
Cite as 2009 Ark. App. 713 statutory factors. * Ark. Code Ann. § 9-27-318(g), (h)(1). On appeal, we review the circuit court’s decision about transfer for clear error. R.M.W. v. State, 375 Ark. 1, 6, 289 S.W.3d 46, 50 (2008). Here, the circuit court discussed and made written findings on each of the ten statutory factors. We are not left with a definite and firm conviction that the circuit court made a mistake. Ibid. R.A.S. had a prior juvenile offense. And on the eve of adulthood, he was involved in serious crimes against persons and property, crimes that were both premeditated and violent. Though R.A.S.’s individual acts were not the most culpable, and he did suggest abandoning the robbery midstream, R.A.S. was deeply enough involved in the group’s violent crimes to support the circuit court’s considered decision after weighing all the statutory factors. We therefore affirm the * These factors include: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of circuit court; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile’s home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile’s twenty-first birthday; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile’s mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the judge. Ark. Code Ann. § 9-27-318(g). -4-
Cite as 2009 Ark. App. 713 denial of R.A.S.’s motion to transfer his case to the circuit court’s juvenile division. Affirmed. V AUGHT, C.J., and GLADWIN, J., agree. -5-
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