The Arkansas Court of Appeals wants to take a closer look at whether the case of a 17-year-old sentenced to 40 years in prison for beating and robbing a Springdale man should have been transferred to juvenile court.
Khiry Daushon Nichols and two other men beat and robbed Jose Jesus Alvarez-Meja, 36, on June 18, 2013. Nichols was 16 at the time but a motion to transfer the case to juvenile court was denied by Washington County Circuit Judge William Storey.
Legal Lingo
Appeal
To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings.
Source: uslegal.com
Nichols pleaded guilty to being an accomplice to aggravated robbery.
The appeals court judges reviewed the case after Nichols' attorney asked to be relieved and said Wednesday they aren't convinced an appeal would be completely without merit.
"In deciding this case as we have, we want to emphasize that our decision to order re-briefing as a merit case does not forecast the outcome of the appeal," according to an opinion published Wednesday. "It does, however make clear that counsel will not be accused of filing a frivolous appeal."
The panel gave four examples of factors they'd like to look at, including Nichols having an IQ of 66 and he suffered from a mental defect, according to a mental evaluation. Neither was mentioned in the trial court's order denying a transfer.
Others factors include the robbery being instigated by two men older than Nichols, Nichols being a follower rather than a leader, Nichols having no prior violent offenses, and a licensed social worker from the Washington County Juvenile Detention Center recommending Nichols's case continue in the juvenile system.
Nichols' co-defendants were Timmie Robinson, 19, and J'Donta Britt, 20, both of Springdale.
Robinson pleaded guilty to aggravated robbery and was sentenced to 40 years at the Arkansas Department of Correction with 20 years suspended.
Britt was found guilty of being an accomplice to aggravated robbery and misdemeanor fleeing. He was sentenced to 30 years.
Police said Alvarez-Meja was going home just before midnight after getting off work from his second job when he was attacked in the parking lot of the Brookhaven Apartments in Springdale. Alvarez-Meja had a small amount of cash in his wallet. His backpack contained soiled work clothes and several personal items.
Alvarez-Meja was unresponsive when he was placed on life support and airlifted to Springfield, Mo., where he underwent emergency surgery for swelling and bleeding from his brain. He had multiple skull fractures, broken ribs and broken bones in his face.
He remained in a coma for about seven months and was left with brain damage, partial paralysis and is confined to a wheelchair. He now functions at the mental level of a 10- or 12-year-old and requires 24-hour assistance.
Brian Lamb, deputy prosecuting attorney, said Nichols participated in the beating and robbery but didn't have any of the stolen items.
NW News on 01/15/2015