Each gave the opposite opinion from that of the defense experts. 244, 21 L.Ed.2d 203. SEARCY, Ark. Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them. Robin was reported missing January 31, 1995. Her remains were found near Russell, Ar. Porter R. RODGERS, Sr., Appellant, Other US patent applications are currently pending. Once officers got inside they found the bodies of 36-year-old Frank Ollis and 23-year-old Jesayia Ollis. Gender and Ethnic Affinity: Evaluations by a forensic anthropologist suggested the remains shared both classifications as male or female. This second interview with the appellant was also recorded. We find that these principles were applied here. Officer Lester, not the appellant, initiated the interview. WebCrime in Searcy, Arkansas. Officers with the Searcy Police Department responded to South Oak Street for a welfare check on Van Stevens, 74 of Searcy. UPDATE: Searcy Police are now investigating this as a homicide. 7,043,501 and 7,680,859. Dr. Taub conducted the initial psychological examination and testing of the appellant. On September 15, 2011, Kimberly's badly burned and decomposed body was discovered in Prairie County at the Wattensaw Refuge. Discuss Searcy, Arkansas (AR) on our hugely popular Arkansas forum. The trial court denied the appellant's motion for a new trial without specifying the reasons therefor. The substance of Dr. Taub's testimony is as follows. 18,000 local law enforcement agencies in the U.S. On Friday, May 15, officers with the Searcy Police Department responded to Horton Street to check the welfare of Clevenger where they found her dead. As stated, we have applied the standards set forth in Degler v. State, supra, in reviewing this confession and have held the confession to be admissible under those standards. To calculate the overall star rating and percentage breakdown by star, we dont use a simple average. Help others learn more about this product by uploading a video! At 3:21 A.M. the appellant signed a written waiver of these rights. WebMicah Denise Rine was born and raised in Searcy, Arkansas. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The trial court examined Lester's personnel file in camera and determined that nothing therein was material to the Rodgers' case. This argument is without merit. Violent offenses tracked included rape, murder and non-negligent manslaughter, armed robbery, and aggravated assault, including assault with a deadly weapon. I didnt necessarily connect it to the big fancy house. Therefore, the trial court's ruling on the admissibility of the photographs was not an abuse of its discretion. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. According to a release from the Searcy Police Department sent Tuesday, officers were sent to South Oak Street to check the welfare of Van Stevens, 74, of Searcy. Crime risk indices are nationally comparable on a 1 100 scale, where 100 means safer than 100% of U.S. neighborhoods. 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. The appellant made a tacit admission of his involvement in the murder, as well as a specific request for the assistance of an attorney. The State alleged that Peggy Hale, an employee and paramour of Dr. Rodgers, and the appellant had hired one Barry Kimbrell to "rob, rape, and kill" Fern Rodgers. 1066, 20 S.W.2d 189. (Supp. Mike S. Allen, a native of Searcy, Arkansas, is a graduate of Harding University and Troy State University with degrees in print journalism and international relations. However, we would point out that Dr. Rodgers' version does not, in fact, place the confession within the framework of the classic coerced confession cases. The appellant merely argues that the jury so qualified would be prosecution oriented to the extent that it could not fairly pass on the issue of guilt or innocence. Last seen in the McRae, Arkansas area on August 3, 1995. 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The appellant was asked by the police if he would agree to come to the prosecuting attorney's office for the purpose of discussing some new developments in the case. After officers entered the home, Clevenger was found dead. Both the deceased and the appellant were very prominent, longtime residents of White County. Hunter Dean Bishop, 28, of Searcy, who was charged HOLT and HICKMAN, JJ., not participating. The chief said the majority of the crime in Searcy is petty theft. However, three other policemen and a motel waitress were in and out of the room during the afternoon for periods of a few minutes each. 228, 424 S.W.2d 856, cert. Crime is ranked on a scale of 1 (low crime) to 100 (high crime) Searcy violent crime is 18.1. Accordingly, we hold that no error was committed by the trial court in instructing the jury. Likewise, Dr. James M. Sims testified that the appellant's waiver, ".. Would have been the product of confusion. The interview was concluded at about 4:49 P.M., whereupon Lester immediately placed the appellant under arrest for the murder of Fern Rodgers. : Get the Android Weather app from Google Play, Arkansas MLK Commission gathers in Selma, Alabama, Two Hot Springs murder-suicide cases happen within, Tom Sizemore, Saving Private Ryan actor, dies at, Just proud we survived it; Storms destroy homes, Olympic ticket sales for Paris Games gets off to, Scherzer tests pitch clock limits, gets quick-pitch, 7 Cubs pitchers combine for no-hitter vs Machado,, Mikal Bridges helps Nets rally to stun Celtics, 115-105, NASCAR star Elliott has leg surgery after snowboard, Kurt Kitayama handles a windy Bay Hill as Jon Rahm, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? This material may not be published, broadcast, rewritten, or redistributed. The explanation of the missing State Hospital report was simply that Taub's report was not considered to be part of the file at the time the subpoena was served. , Word Wise 43-2011.2 et seq. The NeighborhoodScout search engine is covered under US Patents No. (WMC-TV) - The family of a nurse who was murdered by her husband is transforming the tragic loss into a big lesson for others. Hall was sentenced to death by electrocution in May It happened this morning at a home on Horton Street. Relatives say former US Marine killed fighting in, What about Paul Whelan and Brittney Griner left in, Russia frees US Marine vet as part of prisoner exchange, Strike kills 50 at crowded Ukraine rail station, Pink Floyd members reunite and record song for Ukraine, US to send $100M more in military aid to Ukraine, Ukrainian poisonings kill 2 Russian soldiers: officials, Gov. If a photograph sheds light on any issue; or if it assists witnesses to better describe a crime scene; or if it in some other way materially helps the jury to understand the testimony; then its admissibility into evidence is within the sound discretion of the trial court. Peggy Hale was arrested in connection with Mrs. Rodgers' murder at about noon on November 8. Approximately two weeks later Mrs. Rodgers' husband, Porter R. Rodgers, Sr., the appellant herein, was charged in her death with capital felony murder. 388, 517 S.W.2d 515 (1974). The appellant readily agreed. In fact, we find not a shred of evidence in the record which tends to corroborate Dr. Rodgers' testimony relative to the third interview and his confession. However, we do not hold that Degler is necessarily the correct rule where, as here, the person making the confession was not in custody. The appellant contends that he should have been permitted to discover the personnel file of Policeman Lester because it contained information which would tend to impeach Lester's credibility as a witness. Dr. Kozberg felt that a complete battery of tests should be done. On August 6, 1994 at about 3:30 am, Kisa and the children left the residence without Marty to go to Louisiana. : Sanders declares state of emergency after storms, National Weather Service confirms tornadoes in AR, Proposed bill would mandate teaching breastfeeding, Garland Co. sheriff releases names in shooting deaths, Garland County deputies: Man & woman dead after shooting, AST Blog: Severe Weather Awareness Week Watches, Do Not Sell or Share My Personal Information. On the night of September 25, 1974, Fern Rodgers was shot and killed at her home in Searcy. After a lengthy jury trial the appellant was convicted of first degree murder and sentenced to life imprisonment. Many of the names and places were familiar to me even though I had never heard this story before. On October 8, 1963, a Tuesday, Rubys son, Glen, had a broken washing machine. No question is raised in this appeal relative to the procedures followed by the trial court in determining the admissibility of the confession. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Shores v. U.S., supra; Graves v. State, 489 S.W.2d 74 (Tenn.Cr.App.1972). The appellant was again informed of his rights, specifically that he had the right to remain silent and the right to have an attorney present during the interview. Indeed, all of the other evidence is to the effect that Dr. Rodgers was coherent, appeared to be alert, and seemed well aware of all that was going on about him before, during, and after his confession. To be sure, the subject matter of the photographs would alone tend to justify their characterization as gory and, at least to some extent, inflammatory. On Thursday June 24, 2004, human remains were found off of Rio Vista Road in White County and were later identified as Jesus Silvia. Reviewed in the United States on December 29, 2022, Reviewed in the United States on March 24, 2022. WebSEARCY, Ark. , Print length 43-1301 provides that: The report which was admitted into evidence conformed to the requirement of the statute. This occurred at approximately 3:00 A.M. the morning of November 9. The photographs in question were color shots of the deceased's remains as discovered at the crime scene. Please try again. 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. 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. Anonymous tips on any of these cold cases can be left with dispatch at 501-279-6279. Learn more. of 105 to 110. Cf. Update: SEARCY, Ark.- Searcy Police and U.S. in journalism-mass communication from Abilene Christian University and an M.A. By purchasing this title, you agree to Audible's, Update your device or payment method, cancel individual pre-orders or your subscription at. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. : The appellant expressly confirmed to Stevens that he had been informed of his rights by Lester and had agreed to waive them. Dr. Rodgers' confession occurred during his next, or third, interview with the police. WebMost accurate 2021 crime rates for Searcy, AR. Supreme Court of Arkansas, In Banc.https://leagle.com/images/logo.png. SEARCY, Ark. 425, 527 S.W.2d 580; State v. Miller, 35 Wis.2d 454, 151 N.W.2d 157 (1967). On May 21, at 4:30 p.m., The Searcy Police Department served 26-year-old Hunter D. Bishop a warrant for Capital Murder Class Y Felony in connection to the murder of 23-year-old Madison Clevenger. Mrs. Rodgers had been shot twice in the head. There was a problem loading your book clubs. However, the photographs were material, relevant and accurate. ", "The Porter Rodgers murder case was one of the first stories I covered when I came to Arkansas as a television reporter. Police say Frank Ollis murder his wife Jesayia before killing himself. SEARCY, Ark. I have met with his sister, brother and mother who all have questions that need to be answered. The appellant was tried alone for his alleged part in this conspiracy. WebSearcy Police Department What: Confirms shooting incident to be murder-suicide, identifies victim, assailant Who: Josh Acevedo, 31, of Bald Knob and Cody Benton, 24, of Judsonia The appellant entered pleas of not guilty and not guilty by reason of insanity. He was later arrested at a house on Highway 258, outside Bald Knob. The house had a named identity, just like Walmart, Stotts Drugstore, or Magic Mart (although as the place where the murder weapon was purchased its magic seems questionable). The City-Data.com crime index weighs serious crimes and violent crimes more heavily. 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. Reviewed in the United States on December 1, 2022. As much that is going on, Searcy is still a good town, said DeWitt. In addition, at all times the appellant was alert, responsive, and appeared to fully comprehend what was going on about him. Stevens then suggested that Lester read it aloud to the appellant. One's chance of becoming a victim of either violent or property crime here is one in 21. There we held, citing the Nail case, that the right to confront witnesses is not impaired unless the defendant is denied the right to question the doctors who examined him. Growing up, she was religious and attended Harding University in the same city. Arkansas parents, educators react to Texas elementary school massacre. 70, 328 S.W.2d 836 (1959). We will update this article with more information as it becomes available. SEARCY, Arkansas A suspect has been taken into custody after a Black man was found dead at an apartment in Searcy Wednesday morning. This was done. We cannot say that it was abused. All the trademarks displayed on this page are the property of Location, Inc. 8,376,755. Searcy Police say do not approach or try to apprehend : The interview was terminated without further interrogation and without the appellant being arrested. v. I have 12 more names that I am requesting to have DNA comparisons on. The appellant contends that this was reversible error. It just did. If anyone has any information on this case you are asked to call Searcy Police. The appellant filed a motion for a new trial because of this newly discovered evidence. Mike is a husband, father and friend who enjoys working and living in the Washington, DC metropolitan area. 1770, 20 L.Ed.2d 776 (1968). , Enhanced typesetting Accordingly, the trial court refused appellant's request for discovery and also refused to seal Lester's personnel file and make it a part of the record herein. .orange-text-color {font-weight:bold; color: #FE971E;}View high quality images that let you zoom in to take a closer look. Townsend v. City of Helena, 244 Ark. Ark.Stat.Ann. The appellant had served on the State Racing Commission, was actively engaged in a farming enterprise, and was active in the breeding and showing of walking horses. It also analyzed reviews to verify trustworthiness. In substance, there was evidence to the effect that it was intended that Kimbrell rob Mrs. Rodgers in addition to killing her. This material may not be published, broadcast, rewritten, or redistributed. I was a student in college at the time of trial. , 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. This is possible by associating the 9.4 million reported crimes in the U.S, including over 2 million geocoded point locations. The 68-year-old socialite was murdered, The entire interview lasted approximately one hour. Rather, the appellant simply denies any recollection of making the statement. Upon arrival, Sheriffs Deputies found William C. Varnell, 63, inside the home with multiple stab wounds. We have reviewed each instruction individually, as well as reviewing the instructions on each issue collectively. SEARCY, Ark The Searcy Police Department is making a call for more officers as violence makes its way into the city and surrounding areas. Here, the mandate of the statute is quite clear. The appellant agreed. Appellant had also been given Miranda warnings on two prior occasions. We hold that is not the rule in a non-custodial interrogation. Officers were called to check on 23-year-old Madison Clevenger because she was not showing up for work and answering her phone. Some parts 2023 Advameg, Inc. Crime rate in Searcy, Arkansas (AR): murders, rapes, robberies, assaults, burglaries, thefts, auto thefts, arson, law enforcement employees, police officers, crime map. 43-1301. That is not an issue here because it is admitted that no one connected with the investigation or the prosecution of the appellant was ever aware of the existence of Dr. Taub or his report until after completion of the trial herein. A look at what bills could become laws in Arkansas next week, Tornado impacts Pike County, community begins clean up, Your Arkansas weather forecast from THV11, School bus crash causes traffic delays on I-630, West Memphis Three: A second chance to prove innocence, 'I was hiding hard' | Fourth grader who survived Uvalde school shooting gives heartbreaking account of gunman's classroom assault, Police: Arkansas officer held on 'probable cause' for rape of child. Date(s) & Update Frequency: The White County Sheriffs Office said on social media that Jacob Seth Varnell, 24, of Bald Knob was arrested in the case. 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 omission of that report was strictly on an internal decision of the State Hospital staff which was never revealed to the prosecution. Marlin Dwayne Bradley lived at 2612 Eastline Road in Searcy and was married to Kisa Bradley. Jesus Silvia was a 39 year-old Hispanic male from Jacksonville who was reported missing on Wednesday, June 9, 2004. We have reviewed the record relative to the confession according to the standard established in Degler v. State, 257 Ark. (The US average is 22.7) Searcy property crime is 72.6. Gen., Little Rock, for appellee. , 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, Summit Utilities CEO responds to customer concerns, Gov. 693, 306 N.E.2d 835 (1973); U.S. v. Iozia, D.C., 13 F.R.D. Additional gift options are available when buying one eBook at a time. 368, 438 S.W.2d 681. , Text-to-Speech Officials say after entry was made into the home, Stevens was found dead. Book was based on true story in Searcy AR. However, the most that can be said for the defense evidence on this point is that Dr. Rodgers was "confused". WebAbout a month later, Rupert Barnett, son of the city marshal and reputed to have a violent temper, killed Mack Wilcox during a quarrel over a card game. Methodology: 466, 330 S.W.2d 281 (1959), this court addressed the issue of the right of confrontation. The appellant and Lester were alone in Room 124 most of the time. We need not here delineate the bounds of any right a criminal defendant might have to obtain a daily copy of the transcript of the proceedings. The appellant's condition was not different than that which would be expected in a person of his age. They have a home in a nice part of Victim: Identified as Robert Simmons in May 2014. As such, we perceive no way that this evidence, had it been available to the defense at the time of the trial, would have been likely to affect the ultimate outcome of the trial. Web"A Murder in Searcy," by Deana Hamby Nall and Mike S. Allen, is a meticulously reported look into the slaying of Rodgers, who was found dead at her grand home on Race Avenue in On March 11, 2002 at approximately 5:42 P.M. a 71 year-old woman identified as Mrs. Jane Murdaught was found brutally beaten in her residence located at 835 Fairview Road in White County. 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Please take the time to watch this video and if you have any information, please contact us. The incident is being investigated as a homicide. Thereafter, his freedom was not restricted in any manner and the police did not seek to again interview him for several hours. .orange-text-color {color: #FE971E;} Discover additional details about the events, people, and places in your book, with Wikipedia integration. The appellant then affixed his signature to each page of the confession. This is compared to communities of all sizes, from the smallest to the largest. 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. Nail v. State, supra. Lester and the appellant stayed in Room 124 until 2:45 or 3:00 P.M. Height 5'11" Weight 170 pounds Eyes Blue Hair Brown. The right to discovery in such cases is generally governed by statute. If you know anything about this incident you are asked to give Searcy Police a call. As stated above, we believe that the preponderance of all of the evidence supports Policeman Lester's version of that third interview. The appellant readily agreed, but Lester said he was busy then and would have to phone back later. Since defense counsel was permitted a wide latitude in cross-examination and had drawn admissions from the witness which could be taken as damaging to his credibility, we are unable to say that the trial court erred to the prejudice of appellant. The next police interview with the appellant occurred during the early morning hours of November 9. Follow authors to get new release updates, plus improved recommendations. City-data.com does not guarantee the accuracy or timeliness of any information on this site. Gross v. State, 242 Ark. The authors did a great deal of research and give in-depth detail about the crime and trials without oversimplifying matters. Sometime on the night of August 2829, 1868, an African-American man named Ban (sometimes referred to as Dan) Humphries was killed near Searcy (White County). 335 (1952). The so-called confession consisted of admissions by the appellant that he had, with the assistance of Peggy Hale, hired Barry Kimbrell to kill Fern Rodgers. NorthStar EMS responded and transported Mr. Varnell to the White County Unity Hospital Emergency Room where he received emergency medical treatment for his injuries, White County deputies said. The appellant next requested that he be permitted to employ his own court reporter. At the time of his initial review, Dr. Kozberg was aware that a defense psychologist was expected to testify. APPLY Online Schedule a VISIT Make a Gift. Even if we assume that appellant was not aware of the identity of all those who had examined and tested him, we do not know why a timely direct inquiry as to their identity, independent of the subpoena duces tecum, would not have led to the information ultimately discovered after trial. It was alleged that the State Police had taken disciplinary action against Lester twice, once shortly before and once shortly after Lester obtained the appellant's confession herein. Sanders declares state of emergency after storms, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. I never questioned why the house had a name. 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. Police said that based on the evidence they have; it is believed that Ollis Jr. murdered his wife and then committed Stevens was present during the entire interview. While there the appellant ordered lunch from the motel room service, which he and Lester ate in the room. "Nall and Allen capably deliver this tale of greed, sex, and betrayal. A police investigation revealed the 70-year-old doctor had been enjoying the company of Peggy Hale, his 21-year-old receptionist. Lester and the appellant ate lunch in the room, at the suggestion of the appellant, and watched a football game on television. Maddison Clevenger, a 23-year-old Searcy paramedic, was found shot dead in her residence on Horton Street on May 15, 2020. Appellant was given a Miranda warning and promptly signed a written waiver of those rights. Notifications can be turned off anytime in the browser settings. Lester transcribed this confession in long-hand. SEARCY, Ark. Police said that based on the evidence they have; it is believed that Ollis Jr. murdered his wife and then committed suicide. SEARCY, Ark. When officers arrived at the scene, they said they found 36-year-old Frank Vincent Ollis, V Jr. and 23-year-old Jesayia Sage Ollis dead inside the home. Raw data sources: It was noted that it was most likely a male but a female has not been ruled out. Unable to add item to List. ", A psychologist and a psychiatrist, Dr. John Althoff and Dr. Oscar Kozberg, also testified by stipulation for the State. Police say they found several puncture wounds on his body. During this time, four Missing Persons who are listed on NAMUS (a nation-wide missing or endangered person database) have been excluded as the victim in this case. The ratio of all residents to sex offenders in Searcy is 345 to 1. The State's witnesses stated that Dr. Rodgers' waiver of his rights was " the product of intelligence and understanding.". 354, 315 S.W.2d 916 (1958). Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. If anyone has additional information, you are asked to call Search Police. How much help are American volunteers in Ukraine? To establish the totality of the circumstances surrounding the confession, it is necessary to review that particular interview, as well as the two interviews immediately preceding it. The Arkansas State Medical Examiner determined that Kimberly's death was a homicide from a gunshot wound to her head. Her body has been sent to the state crime lab to determine what happened @KARK4News @FOX16News pic.twitter.com/XmkxSeucxf. The appellant contends that the trial court erred by admitting into evidence photographs of the deceased. This is for the simple reason that Dr. Rodgers does not attribute his confession to the allegedly coercive behavior of Lester. 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. It was also stated tha the skeletal remains were possibly African or Indian.