Appeals court says no to MH man

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The appeal of James Caple of Mountain Home, who was sentenced to 11 years in prison on weapons-related charges in late 2017 has been denied.

The Arkansas Court of Appeals issued its ruling Wednesday.

The 36-year-old Caple based his appeal on the claim evidence presented by prosecutors during his trial was not sufficient to have resulted in his conviction.

According to court records, Caple has been charged with nine felonies in the last 15 years. As a convicted felon it is illegal for Caple to have contact with firearms.

During the trial held in early December 2017, Andrew Bailey, the attorney representing Caple, moved for directed verdicts of acquittal saying the state had fallen short of proving Caple ever had control of the weapon involved in his case.

The motions were denied by Baxter County Circuit Judge John Putman.

Fourteenth Judicial District Deputy Prosecutor Kerry Chism told the court pictures appearing on social media showing Caple with the weapon and a comment he allegedly made to the owner and an employee of a Mountain Home tire shop claiming the gun was his provided sufficient evidence to link the firearm to Caple. Both men testified during Caple’s Baxter County Circuit Court trial.

.” The appeals court ruling found no error with the Baxter County Circuit Court’s decision that evidence presented by prosecutors proved the case against Caple, and ruled the lower court had been correct in denying the motions for directed verdicts.

Caple was found guilty following a bench trial in which Judge Putman served as both judge and jury. The charges against Caple included being a felon in possession of a firearm and criminal use of a prohibited weapon.

The investigation into the case was launched when a woman called the Mountain Home Police Department in late July 2017.

The woman alleged Caple was making threatening comments to her. She said he apparently believed she had worked with law enforcement at some point and sent her a picture of him holding the cutdown rifle and a video of him actually firing the weapon. The woman shared the photos with police and told them Caple’s threats had put her in fear for her life.

The day after the woman called police, the owner of the tire shop reported he had found a weapon on his property. The gun was described as a .22 caliber rifle sawed off to an illegal length. The gun was said to match the one depicted in photos on social media. While the owner and his employee discussed the weapon, an unknown male — later identified as Caple — approached them. The man was asked if he had lost a gun. He said he had and wanted it back.

The two men at the tire shop would not give the weapon to Caple who fled when told police had been contacted.

Caple was identified partly by distinctive “tear drop” tattoos around his eyes.

Caple is currently an inmate in the Varner Supermax unit of the state prison system. Since he had been in prison on his 2017 conviction, records indicate Caple has committed 17 major disciplinary violations.

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