NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
D.P. MARSHALL JR., JUDGE
25 April 2007
BILLY RAY SCOTT, AN APPEAL FROM THE YELL
APPELLANT COUNTY CIRCUIT COURT
STATE OF ARKANSAS, HONORABLE PAUL EDWARD
DANIELSON, CIRCUIT JUDGE
A jury convicted Billy Ray Scott of murder in the second degree and the circuit court
sentenced him to five years in prison. Scott appeals, arguing that the State failed to prove he killed
Charlie Watts with the required intent. A person commits murder in the second degree if:
(1) He or she knowingly causes the death of another person under circumstances
manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, he or she
causes the death of any person.
Ark. Code Ann. § 5-10-103 (Repl. 1993).
On the day of the murder, Scott was riding his ATV toward his home. He stopped at Watts’s
nearby home and asked him if he had sold some of his puppies. As Scott was leaving, Watts began
to shout at him, accusing Scott of scaring one of the puppies by revving his ATV’s engine. Scott
went home, but Watts continued to shout at him and followed. Scott stood on his front porch and
told Watts to “go home” three times. Watts ignored him. Scott went inside and retrieved his
twelve-gauge shotgun, which was by the door because he had been having problems with armadillos.
Scott then returned to the porch and told Watts to leave again. When Watts was approximately sixty
NOT DESIGNATED FOR PUBL