SUPREME COURT OF ARKANSAS
No. CR06-464
MARK MCKEEVER,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered October 5, 2006
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT, FIFTH
DIVISION, NO. 2005-2035,
HON. WILLARD PROCTOR, JR.,
JUDGE,
AFFIRMED.
JIM HANNAH, Chief Justice
A Pulaski County jury convicted appellant Mark McKeever of three counts of
committing a terroristic act. He was sentenced to ten years’ imprisonment for the first
terroristic act, ten years’ imprisonment for the second, and five years’ imprisonment for the
third. Additionally, McKeever was sentenced to multiple firearm enhancements pursuant
to Ark. Code Ann. § 16-90-120 (1987). For reversal, McKeever argues that the circuit court
erred in excluding relevant testimony from his mother regarding threats to his life. He also
argues that the circuit court erred in sentencing him to multiple firearm enhancements. We
find no reversible error and, accordingly, we affirm.
The testimony at trial revealed the following facts. On the night of March 12, 2005,
Larry Anderson, Ettana Weatherspoon, and Adrian Thompson were out driving. As they
drove by the intersection of 19th and Oak in Little Rock, they spotted an acquaintance of
Anderson’s named Xavier. They stopped in the middle of the street to speak to Xavier, at
which point, according to Anderson’s testimony, McKeever approached the car and shot at
them. Anderson was not struck, but his companions were. They managed to drive down the
road a short distance, at which point Anderson ran to his grandmother’s house for help.
Anderson testified that nobody in the vehicle had a gun, and that nobody shot except for
McKeever.
McKeever was the sole witness for the defense. He told the jury that in the weeks
leading up to the shooting, he had been involved in an argument with Thompson, and that
he feared for his life and for the safety of his family. McKeever testified that on the evening
of the shooting, he was standing in the street in front of his mother’s house when he saw
Thompson, Anderso