BY MELANIE BUCK –
The Arkansas Court of Appeals denied the case of Lori Rose, age 40, who was convicted in October 2014 of Aggravated Residential Burglary, Aggravated Assault, Domestic Battery (2nd Degree), and Terroristic Threatening (2nd Degree) for the shooting of Billy Vaught in his home in November 2013.
At the conclusion of the State’s case, Rose moved for a directed verdict on the charge of aggravated residential burglary, arguing that there was insufficient proof that she had entered or remained in Vaught’s residence unlawfully.
In the opinion released by the Court of Appeals, it stated: “A person commits the offense of residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment. A person ‘enters or remains unlawfully’ when he or she does not have a license or a privilege to enter or remain upon the premises. Furthermore, a person commits aggravated residential burglary if he or she commits residential burglary as defined above and (1) is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon; or (2) inflicts or attempts to inflict death or serious physical injury upon another person.”
Rose argued on appeal that she had a privilege or a license to enter Vaught’s home during their relationship and that, according to his testimony at trial, he never revoked this privilege or license prior to the shooting. While Vaught did admit on cross-examination during the trial that he had never explicitly told Rose that she was no longer welcome in his home after their breakup, the State asserts that any privilege or license Rose had as Vaught’s girlfriend was revoked when that relationship ended and that “no express revocation was necessary.”
The opinion also stated: “Here, the evidence showed that Rose entered Vaught’s home while he was asleep, grabbed a loaded rifle, and then pointed the gun at him, telling him not to move and to “prepare to die.” Vaught pleaded with Rose to call the police and was then shot in the leg as he attempted to kick the gun away. After Vaught regained control of the gun, he phoned for help and told Rose to leave. Under the circumstances in this case, there was substantial evidence to support a finding by the jury that Rose unlawfully entered or remained in Vaught’s home, and we therefore affirm her conviction for aggravated residential burglary.”
Rose will remain in the Arkansas Department of Corrections serving a 36-year sentence that was handed down by a Polk County jury in the case.
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