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State Supreme Court Overturns Drew County Verdict

January 21st, 2012 by

Arkansas Supreme Court Associate Justice Karen Baker issued a court opinion in the case of Ronald Wayne Magness overturned appeal before the court.

Ronald Wayne Magness claimed that the State failed to prove that he was “in custody,” which is a required element of the charged offense.

On March 31, 2010, a Drew County jury found appellant guilty of two nonviolent felony offenses. The circuit court entered an order releasing appellant on a $25,000 bond pending bed space, as long as he met certain requirement, including;  he must inform the sheriff of his address before release and not change it without the approval of his bondsman and the sheriff; and not leave the State of Arkansas without written permission of the sheriff.

In April 2010, Magness left the state without written permission and failed to contact the sheriff’s department and his bondsman in violation of the conditions of his release. He was charged with second-degree escape, a class B felony.1 A jury convicted Magness of escape. He was sentenced as a habitual offender to thirty years’ imprisonment in the Arkansas Department of Correction.

The single issue presented in the appeal was whether he was “in custody”. Arkansas legal code provides “(a) A person commits the offense of second-degree escape if he or she: . . . (2) Having been found guilty of a felony, escapes from custody.” The word “escape” is defined to mean “the unauthorized departure of a person from custody[.]” The Code defines “custody” as “actual or constructive restraint by a law enforcement officer pursuant to an arrest or a court order.”

This court has never before had occasion to consider the interplay of these statutes. The state said that Magness was in “constructive restraint” by the Drew County Sheriff, and thus was in custody for purpose of the escape statute.

Supreme Court Justice Karan Baker cited in her opinion, “We have not defined “constructive restraint” in the context of the escape statutes. However, from the plain meaning of the statute, the legislature’s intent was to “authorize the temporary release of an offender in the sheriff’s custody” upon such terms and conditions that the circuit judge may deem necessary “to ensure the offender’s return to custody” including requiring a professional bond.

The Drew County Circuit Court’s order was admitted into evidence, and it set forth the conditions of appellant’s release. Gober testified that he has the authority to bring a defendant who violates any condition of an order back to jail. The bonding agent testified that their company issued the bond allowing appellant’s release, and stated that it is not uncommon to stay on the bond after someone is convicted of a felony, such as when there is a delay between the date of conviction and the date they are delivered to the penitentiary pending bed space. The agent said that a bond is not a form of custody, but a form of control over the defendant.  Magness’ girlfriend testified that she fled the State of Arkansas with him to avoid his prison sentence.

Based on the foregoing evidence, Magness was “clearly released under section 16-90- 122, and the condition ensuring his return to custody when bed space was available was procuring a professional bond. Appellant was released on bond and not in custody of the law enforcement officers. Thus, although he violated the conditions of the order allowing his release, he did not escape from custody; and the circuit court erred in denying his motion for directed verdict.”

Reversed and dismissed.

~~~~~~~~~~~~~~
Appeal Denied for Sex Offender, Who Went to Colorado to Avoid Prison
Feb 14, 2011

The Arkansas State of Appeals has issued an opinion in the case of a Drew County man, Ronald Magness, convicted by a jury of failing, as a sex offender, to report a change of address and of being a sex offender living within 2000 feet of a daycare facility.

He was sentenced to 21 years imprisonment for these crimes.

Magness challenged the sufficiency of the evidence on appeal. We (tha Court of Appeals) affirm (the county court’s decision).

When faced with a sufficiency challenge, this court views the evidence in the light most favorable to the State and only considers evidence that supports the jury’s verdict. We affirm if the verdict is supported by substantial evidence. Substantial evidence is evidence that is forceful enough to compel a conclusion one way or the other beyond mere speculation or conjecture. Circumstantial evidence may constitute substantial evidence, but it must exclude every reasonable hypothesis other than the defendant’s guilt.

The question of whether circumstantial evidence rises to that level is generally reserved for the fact-finder. On appeal, we do not reweigh the evidence or assess witness credibility—those matters are also for the fact-finder.

It is a felony for a registered sex offender to fail to report a change of address. It is also a felony for a level 3 sex offender, who is required to register under the Sex Offender Registration Act, to reside within 2000 feet of a daycare facility. Magness admits that he is a level 3 sex offender, that his registered address is at his mother’s house in Star City, and that his girlfriend’s residence in Monticello is within 2000 feet of a daycare facility.

Magness’s only argument on appeal is that there was insufficient proof that he was residing at his girlfriend’s house.

A few weeks before Magness was arrested on these charges, he was arrested for DWI. On the DWI pre-sentence screening report, which Magness signed, his address is listed as 913 North Gabbert Street in Monticello—his girlfriend’s residence. And the phone number listed on the report is not Magness’s, but is instead her cell phone number.

The Monticello Police Department went to investigate. One of the Gabbert St. neighbors told them that Magness was living there.

A bench warrant was issued, and the Monticello Police Department went to that residence to arrest Magness. When the officer knocked on the door, Abbondola answered it, and Magnesswas standing behind her wearing only a pair of boxer shorts. The officer saw a pair of men’s work boots and a pair of men’s tennis shoes sitting just inside the door. He then arrested Magness

(At the trial,)Magness, Abbondola, and Magness’s family members provided conflicting testimony about Magness’s living circumstances. But it was up to the jury to assess each witness’s credibility and to weigh the conflicting evidence.

After nis conviction, Magness and the girlfriend went to Colorado to avoid his prison sentence.  They were captured, returned to Drew County.  Magness received a 30 year sentence (see story below) for the escape charge.

~~~~~~~~~~~~~~~~~~~
Sex Offender, Who Went to Colorado Sentenced to 30 More Years, after his 21 Year Sentence is Completed
Posted Feb. 4, 2011

Ronald Magness, a convicted sex-offender, was convicted of failing to register, and living near a day care, in April , 2010. in Monticello. He was sentenced to serve 21 years in prison, and released, pending prison bed space.

Soon after his sentencing, Magness andhis then-girlfriend, Lori Peters disappeared. In June, 2010, they were located in Colorado, arrested, and brought back to Monticello.

Magness was sentenced to 30 additional years, Wednesday, by a Drew County jury, after his attorney argued the definition of “custody”.  Prosecuting attorney Thomas Deen, explained the difference between “physical custody”‘ and”constructive restraint”.  Magnesswas out on “bed space release” before going to prison, when he left the state, violating his bail bond and release agreement.

The jury took around 20 minutes to find him guilty, and another 20 minutes to sentence him to 30 years, which will follow his 21 year sentence.

~~~~~~~~~~~
Posted Feb. 1, 2011

Ronald Magness, a convicted sex-offender, was convicted of failing to register, and living near a day care, in April , 2010. in Monticello.  He was sentenced to serve 21 years in prison, and released, pending prison bed space.

Soon after his sentencing, Magness andhis girlfriend, Lori Peters disappeared.  In June, 2010, they were located in Colorado, arrested, and brought back to Monticello. 

Magness was charged with 2nd degree  escape. Peters was charged with providing an instrument to assist in escape.

In Drew County Circuit Court, last week, Magness appealed the charge of escape, stating that he was not in custody when he left the state.  He remains in custody, until his trial.

His girlfriend, Lori Peters, accepted a plea to the charge of being an accomplice to second degree escape (a class D felony).   Her sentence could range from probation, to six years incarceration.  Her sentence will be decided, following her testimony in Magness’ trial.  Peters also remains in jail until the court date.

Magness’ is escape trial is set for Wednesday at the Drew County Courthouse.

~~~~~~~~~~~~~

Posted July 6 Andrew County Circuit Court last week, 2010
Fleeing Sex Offender & Girlfriend Arrested in Colorado

Ronald Wayne Magness, andhis girlfriend, Lori Peters, who were arrested, in June, in Aurora, Colorado, (after a nearly two-month search for the couple since Magness fled the state of Arkansas to avoid a 21-year prison sentence for failure to register as a sex offender and living within 2000 feet of a daycare in Monticello) are now back in the Drew County Detention Facility. 

Magness was charged with 2nd degree escape (class D felony) and failure to register as a sex offender.  Peters was charged with “furnishing an implement for escape,” a class D felony, in assisting in Magness’ escape.

Circuit Judge Sam Pope presided over their hearings, and ordered Magness to be held at the Drew County Jail, until bed space was available at the Arkansas Dept. of Correction, andsetPeters’ bond at $25,000.

~~~~~~~~~~

Posted June 17, 2010

According to Drew County Sheriff Mark Gober, Ronald Wayne Magness andhis girlfriend Lori Abbondola-Peters, both of Star City, were apprehended in Aurora, Colorado, by local police officers following a nearly two-month search for the couple after Magness fled the state of Arkansas to avoid a 21-year prison sentence for failure to register as a sex offender and living within 2000 feet of a daycare in Drew County.

The Drew County Sheriff’s Department received information on Monday, June 14, from an anonymous source that Magness and Peters had been spotted in Aurora, Colorado. The Sheriff’s Department contacted Aurora Police Department and requested their assistance in locating the couple. On Wednesday at approximately 1 PM, authorities from Aurora Police Department advised Sheriff Mark Gober that they had the couple in custody. Arrangements are being made to have Magness and Peters extradited from Colorado. Magness will face an additional charge for violating the conditions of release. Peters will be charged with assisting an escape. 

The tip came from a neighbor who found Magness’ name and photo on a sex-offenders website.  That is the same way that he was reported in Monticello.

A bench warrant has been issued for the arrest of Ronald Magness, who was sentenced to 21 years in prison,  in April, for Failure to Register as Sex Offender, and for being a Sex Offender Living Near Day Care, after he fled from the state, andfailedto make the required contacts to remain on bond, until bed space in ADC was available.

Also, in a related case, a bench warrant for $100,000 has been issued for Lori AbbondolaPeters(Magness’ alleged girlfriend), for, according to the warrant, “assisting in, or furnishing an instrument for escape,” for hindering the apprehension of Magness.

Both Magness and Peters are believed to be hiding out of state.

Anyone with any information the case is asked to call the Drew County Sheriff’s Dept at 367-6211.

~~~~~~~~~~

The story below posted on  April 14, 2010

Local Man Sentenced for “Failure to Register as Sex Offender” Near Day Care

Recently, a Drew County Circuit Court Jury sentenced a Monticello area man to serve 21 years in prison, after he had been living at his girlfriend’s residence, which was located within 2000 foot of a children’s daycare, without registering as a Level 3 Sex Offender in Drew County .

Ronald Magness claimed that he was still living in Lincoln County, but the jury was convinced that Magness should have notified Drew County Authorities that he was staying in Monticello.  Magness had “several personal items” that he left at the Monticello residence.  The charges arose in late summer, 2009, and were investigated by the Monticello Police Dept. .

The jury sentence Magness to 15 years for the “failure to register as a sex offender” charge, and 6 years for living within 2000 foot of the daycare.  The jury recommended that Judge Sam Pope impose the sentences to run consecutively, for a total of 21 years, which he did.

Magnessis out on bond, until the prison system has bed space to begin his sentence.

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41 Responses to “State Supreme Court Overturns Drew County Verdict”

  1. Brad says:

    should have gave him 42 years.

  2. Roy says:

    Why even sentence him if you cannot house him. Could have given him 142 years they still let him out. They should have transferred him to a prison somewhere.

  3. Dawn says:

    THE PROBLEM IS THAT THE LOCAL JAIL SHOULD BE HOLDING THIS UPSTANDING MEMEBER OF SOCIETY UNTIL THERE IS ROOM IN THE PRISON. DREW COUNTY HAS AN APPROPRIATE JAIL FACILITY BUT THEY ARE NORMALLY FULL.THE OTHER PROBLEM IS THAT IT IS TERRIBLY EXPENSIVE TO HOUSE PRISONERS. THE TAXPAYERS ARE TAXED TO DEATH AS IT IS AND MORE ARE COMING. IT TAKES HUGE AMOUNTS OF TAX MONEY TO BUILD, STAFF AND MAINTAIN JAILS AND PRISONS. NO ONE WANTS MORE TAXES. IT WOULD PROBABLY HELP TO PUBLISH A PHOTO OF THIS CHARMER SO THAT WE COULD SEE HIM COMING.

  4. L T Jones says:

    it’s funny,that only level 4 & 5 sex offenders have a 6 by 8 foot sign in their yard that says

    “DANGER,A SEXUAL PREDATOR LIVES AT THIS HOUSE”

    why can’t they do that to all sex offenders level 1 thru 5

  5. Tim says:

    It is a shame that he even had a chance to get away, think about it he is a high risk sex offender and and he was released to wait on bed space? He has already proven that he could not follow the law that is why he was sentenced so why give him the chance to get away. But it is not Law Enforcements fault it is the judical systems fault criminals have more rights then we do and i think that is wrong. They should hang sex offenders if they are proven guilty because they are cowards and prey on the weak!

  6. Karen D says:

    They should have put his butt in prison and made him sleep on the floor! Lock up these sex offenders!

  7. Its really sad how our criminal justice system allows a criminal to return to society while awaiting a bed in prison. If this has to be done, then the offender should have a house arrest monitor on. Surely these monitors would not be as costly in regards to additional bed accommodations and guards needed to supervise. The monitors could be controlled by jail employees who are dispatching, waiting to book jailers or watching monitors of current jailers in cells.
    Prisons have gardens for raising produce to feed inmates and so should the county jails. Why let them sit in jail and the tax payers feed them? They should have to work for the food they are eating. Cleburne County has started a gardening program and is in its second year of success with the program. Inmates are allowed to have a certain amount of time outside by law; and whereas, a guard is paid to watch them as they ponder around in the sunshine. They could be productive during this time in a garden that will help feed all offenders who enter.
    A fundraiser would be wonderful to raise money for the house arrest monitors. Its truly a patriotic acknowledgment to see the hundreds of flags flying around the court house. In my community a month before Veterans Day, flags are sold in honor of soldiers, veterans and in memory of the ones who loss their life’s for our freedom. The money raised from the flag sales is distributed between the police, sheriff and fire department. Its a good feeling to help show support in your community. At the same time, giving the honor and respect to our American military; the appreciations to our civil community leaders who try to protect us and place their life’s on the line everyday they go to work. Community action is what brings a community together, and it takes people who want to work and will volunteer to help make the community a safer place.

  8. I agree Karen D. They deserve to sleep on the floor!!!

  9. Someguy says:

    I agree with Tim.

  10. Doug Knight says:

    You are on the right track by expressing your thoughts and feelings publicly. Now do the same to our representatives and senators. I read some good suggestions in the other comments. The problem is all the bleeding heart organizations that lobby our law makers and get these ridiculous laws past. The local detention center does house some state prisoners who are waiting on beds. The state does pay the county for housing them. The problem is if the local facility takes on too many state prisoners where will they hold the local ones? It is like that all over the state. We can raise taxes and build more prisons and when those get full we can raise taxes and build another. I feel if the prisoners were made to work and didn’t have the priviledges they do now, color tv, etc., then we would probably have empty space in the present facilities. That will never happen as long as we complain among ourselves. Speak up, let your law makers know how you feel.

  11. Lee says:

    what ticks me off, i pay 700 buxs on a used car that the state placed taxes on, and the morons cant put away a sex offender. sad to say but i think politics are to worried about fat the pockets with cash because this money could go for state roads or build places to hold this kinda trash..Note–Been my child molested would be no need for a space to hold him they just needed a hole to put him in cause i promise one of mine this happen to illl be the judge,jury,an excutioner..that i promise to god all mighty!!

  12. Teri says:

    How is it that they can’t or won’t lock up a prediter, too many pot smokers taking up jail space? I know this will never see the light of day, but this place is screwed up bad. And “prohibition still does not work”. But keep locking up nonviolent people and let child molesters run FREE. And if this monster turns even more violent and kills a child how can you explain?

  13. Someguy says:

    Same here Lee..

  14. Mike says:

    Should have shot him

  15. Kristi Stocker says:

    As taxpayers we should not be responsible that criminals have a cool safe place to stay, nor should we have to worry about if they have a bed to sleep in. If a few more of them slept on the floor, and have bread and water, etc. We may not have to worry about over crowding.

    Treat them like criminals not hotel guest!!!

  16. Lt. Dan says:

    Would like to say good work. And thanks to the tip from colorado. After call Cpt. Deaton called Sheriff Gober due to the fast work, he was taken to jail!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  17. BG says:

    You can thank the 8th Circuit Court of appeals for this scenario. The problem is not Prison Administration, Law Enforcement or the Politicians in Arkansas. They all want to be tough on criminals by in large. The issue lies with liberal judges and upper level courts who believe they are God. They are under the illusion that they know better than the common person. They believe that their biases are more important than the safety of the innocent. They would rather spend money on a murderer or rapist than to spend it on our school system to improve it.

  18. sue says:

    GOOD JOB ON FINDING THIS PERVERT~~~I would ask that crazy girl if he was worth it???
    hang him by, well you know.

  19. linda r. funderburg says:

    this is terrible system is broke somewhere

  20. Someguy says:

    Well I can promise everyone that if someone ever layed a hand on my children that it would save all of us tax payers alot of money because I do believe that I would have to handle it myself and think alot of ppl would agree with me on this, I would beat the livin crap out of them only after I break Both there legs and arms and let em lay somewhere for a night suffering. If I wer the judge, this is my opinion, I would make a part of a sex offenders punishments to have 10 minutes alone in a room with there victims father!!

  21. john says:

    All u ppl that think u know every thing and have all the answers well ur wrong, hes had a hard past but none of u understand that im not saying what has been posted here is wrong but some of the rude comments are not ok, just keep ur hateful comments to your self not ever one wants to listen to that crap… and i agree there is more simple pot heads in jail, and murders and sex offenders are running wild… just no more hateful things please hes made mistakes and hes has and will serve his time

  22. Anonymous says:

    I agree with Teri. Sentence a SEX OFFENDER and let him go free until there’s space for him but sentence a drug dealer/user and they sit in a county jail forever waiting on a bed. Doesn’t get any more screwed up than that. Makes no sense at all!! Rapist and murderers (cause harm to others) get off the hook more than those involved with drugs (causing more harm to themselves than anyone else). Think about it people!

  23. Sugarbear says:

    I agree with all of the comments except the one from “John”. How can you defend this guy? “He had a hard past”? Who here hasn’t?He is a rapist!! That is nuff said! He was not going to serve his time he escaped remember? He was on house arrest THAT IS ESCAPE just as if he fled prison.He had no intention of serving anymore time. And i believe ANYONE who helped him at all should be held accountable too!!

  24. Someguy says:

    Everyone had there own opinion and here’s mine to “John”….sounds like to me you might know I little something about sexual predators or might be one by they way you get on here and try to blast everybody. This is a public forum on this website so it sounds like to me if you can’t stand to see what someone post on here then maybe since you don’t like wat you read then maybe you don’t need to look at the comments…I’ve had a bad past but that never or will make me a sexual predator. Sounds like your the one with all the answers. It’s funny how you are the only one on here taking up for him, if you knew him that good then you probably knew where they fled to..personnally, I couldn’t be a friend with a sexial predator, i promise ya he will get wats coming to him when he gets sent too the big house and BIG BUBBA gets ahold uv him!!!!!

  25. matt says:

    i agree with john u all are liberal idoits who think u knw every thing maybe they made a mistke u knw and yeah i agree tha there shouldnt be that many potheads in prison but the prision system is flaud just like everything else in this country but u guys dnt see it some say they would handle the problem them selves please u all are cowards who knw nothing but what they hear

  26. anonamous says:

    u guys r so quick to speak. the man has had a past of trouble, and has served most of his life in prison. but he was wrongly convicted for living in monticello to begin with. he is faced with doing time for something he did not do. i dont like the guy, but right is right.

  27. anonamous says:

    please someguy big buuba thats funny u dnt knw him so keep on telling ur self that

  28. anonamous says:

    actually, i know the guy real well. So… i stick by my comment.

  29. Someguy says:

    @Anonamous, your last comment said that you know the guy real well…then on a previous comment you said that you didn’t like the guy..just curious…So which comment are you standing by?..can you answer that because to me it don’t make any sense at all… And I’ll stick to my comments also…sounds like to me you could use a little counseling yourself and a little “HOOKED ON PHONICS” wouldn’t hurt you either!!!!!

  30. Nana says:

    Anonymous, John and other defenders of an escaped sexual predator….If you are going to make excuses for him, poor thing has had a hard life, spent most of his life in prison…a wonderful guy, I’m sure. Anyway, I wish all of you who are his friends would sign in using your real names…the rest of us need to know whom to avoid…And to his girlfriend, an excellent choice in men, honey. A real knight in shining armor.

  31. Mike says:

    Why do people want to be nice to these animals. Sure pray for them and then kill them. A CHILD DESEVRES TO BE SAFE

  32. I agree with you Mike!!!!!!!!! Keep our children safe!!!!!!!

  33. Desiree says:

    OMG I know her! She worked as a waitress at Lena’s and Waffle inn!! She was a great waitress, I cannot even believe that she was involved with this guy that is crazy!!!

  34. another anonamous says: says:

    To the person that wrote they know him well and that he was charged for a crime he didn’t commit. You may know him well but you have believed a lie for a very long time. He was guilty as charged and now a young child who has grown to be a beautiful wife and mother of 2 has to live with this from now on and always be afraid of where to let her children go and visit. So unless you know all the facts then you need to keep your mouth closed and quit hurting innocent people with your comments about him being innocent. He has been defended long enough.

  35. FacelessCommenter says:

    I know Ronald William (Not Wayne) Magness, and he is infact guilty of the charges leveled against him. He is a person with no respect for others and he sadly lacks the decency of most human beings.

    He has not had what some commenters call a horrible childhood and infact does not have an exscuse for his actions, the time he served in prison was well deserved and did not make him a monster. He was that way long before he stepped foot inside the system.

    The man, and I use this term very loosely since in my eyes an animal, should be held accountable for his actions. As a violent abuser of women, and a sexual predator he has repeatedly walked away from the damage he’s inflicted on others with nothing more than slaps to the wrist.

    There are many innocent men in prison, and many still who are forced into their way of life by circumstances not under their control.

    Ronald is not one of these men. He does not deserve your pity, because he fled from justice. Use your head.

    In conclusion I am happy to know that the streets are safer and hope this monsterous human being will after years of trying his hardest to do so, finally die in prison, so he will no longer be a threat to decent folk.

    There is a place for liberal guilt, and this situation isn’t it.

  36. judgenot says:

    I have no defence for anyone who does wrong of any kind (even judging others). But there are lots of people who have done just as bad or the same and has not paid one day for their crimes. He went to jail and spent the time for his crime and was released, got a job and was stayin in Monticello to be able to work. He is not in trouble this time for “Sexual Assulting anyone. He is back in jail because he failure to register as a sex offender and living within 2000 feet of a daycare. I know this guys personal and I know that he has done lots of wrong. But some of you that are giving your opinions on here have no idea what happen in the first place. All you know is the head lines. May God be with you for judging anyone! I pray for the ones that he wronged, his family and I pray for him. I also pray for the ones of you who are so quick to judge!

  37. a nony mouse says:

    Sadly his girlfreind was married to a really good guy

  38. Monty says:

    At Magness’ original the trial, the Judge allowed him to remain out pending bed space provided that his bondsman stay on the bond (which they did). Hopefully the Judge learned something.

  39. ruth says:

    economy down; but lets build prisons for them sick puppies!!!!!!!!

  40. david wm smith says:

    I agree with Terri…Plenty of room for pot smokers, but no beds for pedophiles!

  41. Dee says:

    I knew the husband of the girlfriend as well…he did not deserve this..

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