LITTLE ROCK — A man serving 184 years in prison on attempted capital murder and aggravated assault convictions for firing on four police officers lost his appeal Wednesday before the state Court of Appeals.
The court rejected Harley Inthisone’s argument that prosecutors failed to prove he intended to kill the officer who first confronted him.
Police said Inthisone, of Danville, fired shots at officers with the Conway Police Department who responded to a house call in 2009, seriously injuring Officer Matthew Kimery.
A Faulkner County Circuit Court jury found Inthisone guilty of the attempted capital murder of Kimery and Officer Matt Raeburn, who initially confronted the suspect before the others arrived at the residence. He was convicted of aggravated assault for shooting at Officers Jimmy Weser and Bart Pucket.
Inthisone did not challenge his convictions in the case of the officer he actually shot and aggravated assault of the two other officers.
But he argued that prosecutors failed to produce enough evidence that he had the requisite intent to attempt to kill Raeburn.
In its ruling Wednesday, the Court of Appeals said the state Supreme Court has held that a criminal defendant’s
intent or state of mind is seldom capable of proof by direct evidence and must usually be inferred from the circumstances of the crime.
The court noted that Raeburn’s pat-down of Inthisone showed he was unarmed at the time of his initial encounter with police but he had the wherewithal to run into an apartment and retrieve a gun.
"This demonstrates that Inthisone had time to form the intent to act and to weigh the consequences of his course of conduct. Moreover, after shooting Kimery in the shoulder, Inthisone fired five additional shots at the fleeing officers," the court said. "The evidence supports the jury’s conclusion that Inthisone acted with premeditation and deliberation" when he fired his gun at Raeburn and that, by continuing to fire, he took a substantial step toward the intended outcome of the crime.