ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
D.P. MARSHALL JR., JUDGE
27 February 2008
DAVID LEE MCCLOUD, AN APPEAL FROM THE JACKSON
APPELLANT COUNTY CIRCUIT COURT
STATE OF ARKANSAS, THE HONORABLE HAROLD S.
APPELLEE ERWIN, JUDGE
A jury convicted David McCloud of first-degree criminal mischief, aggravated
assault, felony fleeing, and resisting arrest. He challenges the sufficiency of the evidence
for all four convictions. The record, however, supports all the jury’s verdicts. Phillips v.
State, 361 Ark. 1, 3, 203 S.W.3d 630, 631 (2005).
The charges arose after a chase, of sorts, between Officer Mark Benish and
McCloud. While he was on patrol, Officer Benish learned that McCloud was driving a
pick-up truck that did not match its license plate. He pulled onto the road directly behind
McCloud and turned on his blue lights. McCloud did not stop. Instead, he turned into a
salvage yard owned by his father. Officer Benish turned on his siren and followed
McCloud as he drove approximately 40 m.p.h. down a muddy, rutted road in the salvage
yard. When McCloud got to the back of the yard, he was forced to turn around. He did
so, continued to drive, and hit the driver’s side corner of Officer Benish’s car and slid
down the side of the patrol car. McCloud stopped his truck about five car lengths past the
patrol car, and then began to back up. Officer Benish fired his gun at the truck to disable
it and ordered McCloud twice to get out of the truck. When Officer Benish tried to
arrest him, McCloud kept “kicking and trying to squirm away.”
We consider together McCloud’s sufficiency challenges to his conviction for first-
degree criminal mischief and aggravated assault. At trial, McCloud argued that the
criminal-mischief charge was “tied to the damage done by the aggravated assault. So if
there was no aggravated assault, there is no criminal mischief.