Arkansas man handed 15 years; shot ex-coworker outside Habitat for Humanity store

HOT SPRINGS -- A former employee of Garland County Habitat for Humanity's Re-Store who shot and injured a co-worker in 2015 was sentenced to 15 years in prison Monday in Garland County Circuit Court.

Patrick Lee McElroy, 59, of Hot Springs, who has remained in custody in lieu of $25,000 bond since his arrest Nov. 25, 2015, had pleaded guilty Feb. 14 to first-degree battery and unlawful discharge of a firearm from a vehicle, each punishable by up to 20 years, for shooting Sheldon Rhine in a parking lot across from the store at 350 Malvern Ave.

Judge John Homer Wright sentenced McElroy to 20 years on the battery count, with 15 years suspended, and 10 years on the unlawful discharge count, to run consecutively, for a total of 15 years.

After hearing one day of testimony Feb. 14, a seven-man, five-woman jury had recommended the sentence of 20 years on the battery count and 10 years on the unlawful discharge count and asked for the sentences to run consecutively, for a total of 30 years.

Officials initially believed that the jury recommended McElroy be given probation instead of prison time, but chief deputy prosecutor Joe Graham said Monday that they later learned jurors had filled out the sentencing form incorrectly.

He said the jury foreman had called him after an article about the sentencing was published in the Feb. 16 edition of The Sentinel-Record and said jurors had intended to recommend a sentence of 30 years in prison, not probation.

"It was an error on their part and he agreed to sign an affidavit to that effect," Graham said, noting the foreman even came to court for the sentencing in case officials needed him to verify it in person.

Graham said he would have preferred that McElroy was sentenced to the original recommendation of 30 years in prison, saying he would have been eligible for parole in less than eight years, but he was satisfied with the sentence issued Monday, which could see him released in about four years.

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"It could have been better, but it could have been worse," he said.

Graham had argued originally for the maximum of 40 years given the circumstances of the case and the fact the shooting was premeditated.

Graham had previously told The Sentinel-Record that McElroy testified "he had actually made the plan to do it two days prior and had prepared for it. So it was premeditated and deliberate." He said McElroy told the jury "he made a mistake and he wished he hadn't done it. But he had thought about it for two days beforehand."

According to the court affidavit, shortly after 5 p.m. Nov. 25, 2015, Hot Springs police were dispatched to a shooting near the store and were told the suspect, McElroy, had fled the scene in a white Dodge Caravan.

Another employee told police that McElroy had been terminated recently. He stated that around 5 p.m. he was in the parking lot and saw McElroy pull into the lot and park next to Rhine, who was standing by his car.

Moments later, the witness said he heard two or three gunshots and then saw McElroy flee in his van. At that point, he realized Rhine had been shot. A store supervisor told police he had just received a call from Rhine who told him McElroy was "circling the block," and then Rhine told him McElroy was "pulling up to him."

The supervisor said he then heard Rhine shouting "He shot me!" over the phone.

McElroy was stopped about 45 minutes later and taken into custody. A revolver and ammunition were found in the front seat of his vehicle. McElroy told police he was aiming for the victim's privates and admitted he shot at him from about 5 feet away.

State Desk on 03/10/2017

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