Fleeing Felon Hayes' Appeal Thrown Out By State Supreme Court

Hayes

Hayes

Friday, March 7, 2014

FAYETTEVILLE -- The Arkansas Supreme Court on Thursday threw out the appeal of a Fayetteville man who fled the Washington County Courthouse in 2009 while a jury deliberated his sentence.

Terry Edward Hayes, 45, fled Sept. 24, 2009, after Hayes was convicted of aggravated assault on a family member and terroristic threatening. Hayes went outside the courthouse with family members to smoke and vanished in the din of traffic from the Bikes, Blues & BBQ motorcycle rally. He was captured a week later in a wooded area near Gravette.

Hayes was convicted of holding a gun to his son's head and threatening to kill him as the boy's stepmother listened on the telephone. Hayes also was convicted of being a felon in possession of a firearm and intimidating a witness. He was sentenced to 40 years at the Arkansas Department of Correction.

The case has been bouncing back and forth between appeals courts and the lower court ever since, remanded at least twice for further hearings or to clarify Circuit Judge William Storey's findings.

In his Supreme Court appeal, Hayes contended Storey shouldn't have denied his motion for a new trial, based on ineffective assistance of council. Hayes claims he couldn't adequately defend himself at trial because of mental disease and the existence of the disorder wasn't explored or used by the defense during his trial.

High court judges sent the case back in November, saying they were unable to determine if they had jurisdiction to hear the case because of gaps and inconsistencies in the appeal transcript.

The judges said Thursday that Hayes' attorney wasn't ineffective and Hayes shouldn't be given a new trial.

The case first came back when the Arkansas Court of Appeals in February 2011 reversed in part and remanded the case for more work because a mental evaluation after Hayes' trial found he suffered from bipolar disorder, depression and alcohol dependence.

The appeals court concluded the evaluation was evidence Hayes may not have been competent to stand trial and ordered Storey to hold a hearing for Hayes' motion for a new trial. The appeals court finding didn't overturn his conviction. Storey denied Hayes' motions after the Court of Appeals remand.

Hayes is at the Arkansas Department of Correction North Central Unit at Calico Rock. His expected release date is in November 2020.

NW News on 03/07/2014