An Altheimer man convicted of murder and committing a terroristic act who contended that evidence at his trial was insufficient lost his appeal with the Arkansas Court of Appeals on Wednesday.
Keith Shelton, 33, was convicted of first-degree murder and three counts of committing a terroristic act stemming from an incident at Altheimer on Aug. 14, 2014, that resulted in the death of Thrisdon Deshawn Eason, 26, and serious injuries to Alfred Burton Jr., 26, both of Altheimer.
In his appeal, Shelton argued that the state failed to meet its burden of proof regarding the three counts of committing a terroristic act.
Trial testimony indicated that Burton was driving in Altheimer with two passengers — Eason, a female named Romona Conner, and Shelton — when he passed the vehicle Shelton was driving in the opposie direction. Both vehicles slowed down, then stopped, and Shelton backed his truck up to Burton’s vehicle. The two spoke briefly, then Shelton then got out of his vehicle, walked to Burton’s vehicle, and punched him in the head. Eason got out and approached Shelton, and the two exchanged words, then scuffled.
Burton testified that he told Eason to get back in the vehicle and Eason complied. Shelton then walked to his truck, where he retrieved a gun. Burton also testified that he saw the gun being pointed at him. Shelton fired five or six times, striking Eason once in the arm and once in the chest. Eason was pronounced dead at the scene.
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Burton was shot in the head and taken to Jefferson Regional Medical Center, where he spent several months before being released.
In his appeal, Shelton contended that his actions did not meet the state statute defining a terroristic act because prosecutors failed to prove that he was firing “at a conveyance” that Burton was occupying, and by failing to prove that, the state also failed to prove that he committed first-degree murder.
A terroristic act is defined as shooting at or projecting an object at a conveyance (vehicle) which is being occupied or operated by another person with the purpose to cause injury to that person or to property.
To support that claim, Shelton said he was not firing at the vehicle, he was firing at Burton, and that Burton was not operating the vehicle because he had his door open with one foot out of the vehicle when he was shot.
In the appeals court ruling, Justice Larry D. Vaught said that intent to shoot at a vehicle is not required under the state statute. All that is required is that proof that shots were fired at a victim in a conveyance with the intent to injure the victim.
Following the trial, Circuit Judge Jodi Raines Dennis sentenced Shelton to 35 years in prison on the first-degree murder conviction, to 30 years on one count of terroristic act involving Burton, 10 years on the second count involving Eason and five years for firing at the car.
The 35 years for first degree murder will run consecutively, or before the other sentences, which will run concurrently or at the same time, meaning that Shelton will first serve 24 and-a-half years for murder, then seven and-a-half for the other three counts before being eligible to apply for parole.