Appellant was also charged with attempted second-degree escape, but the jury returned
a verdict of not guilty on that charge.
STATE OF ARKANSAS
November 8, 2006
APPEAL FROM THE CIRCUIT COURT OF
HONORABLE SAMUEL B. POPE,
TERRY CRABTREE, Judge
Appellant Jeighmichael Davis was found guilty by a jury in Bradley County of second-degree
battery for which he was sentenced to a term of six years in prison and fined $2,500. Appellant
contends on appeal that the evidence is not sufficient to support the jury’s finding of guilt and that
the trial court erred by refusing an instruction on third-degree battery as a lesser-included offense.
Undra Gaines gave testimony about a disturbance that occurred while he was in jail on March
28, 2005. Mr. Gaines testified that the inmates were cleaning their cells when appellant splashed
“Mr. Leon with some kind of chemical.” Gaines said that appellant then hit Mr. Leon, that appellant
took Mr. Leon’s keys, and that appellant tried but was not successful in unlocking the back door.
Gaines stated that appellant “was steady hitting Mr. Leon after that,” and that appellant then tried
to unlock another man’s cell, and when he could not get the cell open, appellant “ended up hitting
him (Leon) again.” Gaines testified that appellant threw the keys and ran back into his cell when
officers arrived to help, and he said that Mr. Leon had not done anything to cause appellant to hit
Van Clark, who works for the Warren Police Department, testified that he and Detective
Hollingsworth were in the parking lot when they heard about a disturbance involving an inmate and
one of the detention officers. He said that he and Hollingsworth entered the detention area and were
met by Detention Officer Leon Schultz. He said that Schultz had severe lacerations to his face and
that he was bleeding. Schultz advised that he had been jumped by appellant, whom they