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Bowman v. State3/19/2003
aring that he found Hendricks's body lying in a pool of blood in the kitchen of his house. He also stated that there were blood stains on the bed and floor of the bedroom and on the sink and floor of the bathroom. He found three bloody knives inside the house, one by the front door, one next to Hendricks's body, and one underneath his body. The autopsy report from the Arkansas State Crime Laboratory showed that Hendricks died as a result of multiple sharp-force injuries, including wounds to his right chest, the upper left side of his neck, his forehead, a small wound on the palm of his left hand, and a small cut on his left thumb. There was no dispute that appellant acted alone in the incident. The evidence supports the circuit court's findings regarding the seriousness and violence of the charged offense, that appellant acted willfully and alone, and that she used a deadly weapon.
Appellant's date of birth is September 24, 1984, making her sixteen years old at the time the crime was committed. The Division of Youth Services provides services to a juvenile until she reaches age twenty- one. Ark. Code Ann. ยง 9-28-208(d) (Repl. 2002). Based upon appellant's current age, she would be eligible for juvenile treatment services for less than three years.
Appellant argues that her motion should have been granted because she may suffer from mild mental retardation. The Arkansas Supreme Court rejected a similar claim in Carroll v. State, 326 Ark. 882, 934 S.W.2d 523 (1996). In that case, the court held that a circuit court did not err by denying a transfer motion where the juvenile's IQ was 74, and the crime was manifestly violent. In the case at bar, appellant's intelligence was measured in 1996 and 2001, and her scores were 79 and 70, respectively. Also, her alleged crime - purposefully stabbing Hendricks multiple times - was manifestly violent.
The circuit court ruled that appellant's motion should be denied because the charged offense, first-degree murder, was very serious; the offense was violent and willful and resulted in Hendricks's death; no extended program of rehabilitation would be available; and because she acted alone and with a deadly weapon. We hold that the trial court did not err by retaining jurisdiction of this case and refusing to transfer it to the juvenile division.
Affirmed.
Hart and Bird, JJ., agree.
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