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Timothy Darnell Allen v. State of Arkansas

2026-10-21

Authorities cited

Opinion

majority opinion

Cite as 2026 Ark. App. 491

ARKANSAS COURT OF APPEALS

DIVISION I

No. CR-25-600

TIMOTHY DARNELL ALLEN Opinion Delivered October 21, 2026

APPEAL FROM THE FAULKNER

APPELLANT

COUNTY CIRCUIT COURT

[NO. 23CR-22-1260]

V.

HONORABLE H.G. FOSTER, JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

STEPHANIE POTTER BARRETT, Judge

Timothy Allen (“Timothy”) was convicted by a Faulkner County jury of one count of

first-degree domestic battering and first-degree terroristic threatening and two counts of

aggravated assault on a family or household member. The jury found Timothy not guilty of

attempted first-degree murder. Timothy was sentenced as a habitual offender to an aggregate

sentence of ninety-one years’ incarceration, including sentence enhancements. On appeal,

he does not challenge the sufficiency of the evidence supporting his conviction. Instead, he

contends that (1) the circuit court abused its discretion when it allowed evidence to be

admitted under Arkansas Rule of Evidence 404(b); and (2) the circuit court erred when it

allowed the State to introduce testimonial hearsay statements from MC1 into evidence

because the introduction of those statements violated Timothy’s Sixth Amendment

Confrontation Clause right. We affirm.

On February 3, 2023, Timothy was charged by felony information with one count of

attempted first-degree murder pursuant to Arkansas Code Annotated section 5-10-102

(Supp. 2021), one count of first-degree domestic battering pursuant to Arkansas Code

Annotated section 5-26-303(a)(6) and (b)(1) (Repl. 2013), one count of possession of a

firearm by certain persons pursuant to Arkansas Code Annotated section 5-73-103(c) (Supp.

2021), one count of first-degree terroristic threatening pursuant to Arkansas Code

Annotated section 5-13-301 (Supp. 2021), and two counts of aggravated assault on a family

or household member pursuant to Arkansas Code Annotated section 5-26-306 (Supp. 2021).

The State also alleged that Timothy was a habitual offender pursuant to Arkansas Code

Annotated section 5-4-501 (Supp. 2021).

Before trial, Timothy moved to exclude evidence concerning a December 16, 2022,

incident between him and Mysteria Brown (“Mysteria”) and statements made by Mysteria’s

minor child, MC1. The State subsequently filed a notice of intent to introduce evidence

pursuant to Arkansas Rule of Evidence 404(b), including testimony and text messages

concerning the December 16 incident.

On March 18, 2025, the State filed a second amended felony information, adding a

firearm enhancement pursuant to Arkansas Code Annotated section 16-90-120 (Supp.

2021). On March 21, 2025, the State filed an amended notice of intent to introduce evidence

pursuant to Rule 404(b), adding evidence of Timothy’s alleged flight as evidence of

consciousness of guilt.

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The circuit court held a pretrial hearing on March 24, 2025. In addressing the State’s

Rule 404(b) notice, Mysteria testified about the December 16, 2022, incident. Mysteria

testified that she and Timothy were in a dating relationship in 2022. On December 16, 2022,

Mysteria and Timothy argued about infidelity, and she attempted to pack her belongings and

leave. Mysteria testified that she and Timothy wrestled and that Timothy pulled out his

firearm and stood over Mysteria with the firearm while threatening to kill himself because

she was attempting to leave. Mysteria subsequently hid Timothy’s firearm in the kitchen.

Mysteria testified that she sent text messages to her friend, Alexis Brown (“Alexis”),

concerning the December 16 incident, which were admitted into evidence without

objection. In the messages, Mysteria told Alexis that she intended to involve the police when

she left and that Timothy had been “playing” with his firearm, that she begged him to put it

down, that he cocked his firearm, and that Timothy “fought” her when she attempted to

pack her belongings and leave.

The State argued that evidence of the December 16 incident was admissible under

Rule 404(b) to establish Timothy’s intent and absence of mistake or accident. Timothy

objected. The circuit court overruled the objection and ruled that the evidence was

admissible under Rule 404(b). The court also granted the parties’ joint motion to sever the

firearm charge for a separate trial.

A two-day jury trial was held on March 25–26, 2025. MC1 testified that she was seven

years old in December 2022, and Timothy was her former stepfather. MC1 recalled that

around Christmas 2022, Mysteria and Timothy were arguing in the living room and then in

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the kitchen. According to MC1, Timothy dragged Mysteria into the kitchen, yelled in her

face, poured contents of a trash can on her, and grabbed a knife as though he was going to

stab her. MC1 yelled at Timothy to stop, and Timothy tossed the knife.

After returning to the living room, Timothy told MC1 to go to her bedroom. MC1

testified that she later came out of her room and saw Timothy with a gun, although she could

not remember whether he was pointing it at Mysteria or holding it up or down. MC1

returned to her room but subsequently came out again and saw Timothy pointing the gun

at her and her brother, MC2. MC1 screamed at Timothy that she was going to call the police.

She later heard a “big boom” and came out of her room again. MC1 eventually heard

Mysteria calling her name and looking for her. Defense counsel cross-examined MC1

regarding her account of the incident.

Mysteria testified that in December 2022, she lived in a duplex in Conway with

Timothy and her three children, MC1, MC2, and MC3. At that time, MC1 was seven years

old and MC2, whom she shared with Timothy, was three months old. On December 26,

2022, Mysteria and Timothy began arguing after Timothy returned to the residence. MC3

was not present at the residence during this time. During the argument, Timothy punched

Mysteria in the face two or three times, grabbed her by her hair, dragged her across the

kitchen floor, continued hitting her, emptied a trash can on her, threw items at her, and

held a knife while yelling at her. MC1 yelled at Timothy to stop.

Mysteria testified that MC1 threatened to call the police using her tablet. Timothy

took the tablet from her and threw it down the hallway. Mysteria attempted to go outside

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for help, but Timothy grabbed her, pulled her back into the residence, and shut the door.

Timothy then accused Mysteria of cheating and demanded that she unlock her phone.

Timothy retrieved Mysteria’s .380-caliber Ruger from the bedroom and repeatedly

threatened to kill Mysteria and everyone in the residence. When MC1 came out of her

bedroom and begged Mysteria to unlock her phone, Timothy turned and pointed the gun at

MC1. Timothy then pointed the gun at Mysteria, cocked it, and shot Mysteria in her left leg

near her knee. Mysteria eventually unlocked her phone and gave it to Timothy; while

Timothy was looking through the phone, Mysteria ran from the residence.

Mysteria ran down the street yelling for help while Timothy chased her and continued

shooting at her. According to Mysteria, Timothy threatened to kill her as he pursued her.

Timothy eventually stopped when other people began coming outside. Mysteria testified that

Timothy stood near his green Tahoe before getting into the vehicle and leaving. Mysteria

was transported to the hospital.

Mysteria also testified concerning the incident that occurred on December 16, 2022,

approximately ten days before the shooting. Timothy and Mysteria were arguing about

infidelity while Mysteria was preparing to leave the residence. During the argument, Timothy

retrieved his firearm, cocked it, waved it around, and pointed it at himself. Mysteria

subsequently hid Timothy’s firearm in the kitchen. Mysteria also testified that she exchanged

text messages with Alexis concerning the December 16 incident. Following a hearsay

objection, the December 16 text messages previously described were admitted into evidence.

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Several neighbors and responding officers corroborated Mysteria’s account.

Neighbors heard multiple gunshots, saw a green Tahoe leaving the area, and saw Mysteria

outside with injuries to her face and leg. Responding officers saw blood inside and outside

the residence and what appeared to be a gunshot wound near Mysteria’s left knee.

Officer Adrianna Martin (“Officer Martin”) with the Conway Police Department

testified that she responded to the shooting call and stayed with MC1, who was upset and

“almost hysterical” and repeatedly expressed concern that Timothy would return.

When the State sought to elicit statements MC1 made to Officer Martin, Timothy

objected on hearsay and Confrontation Clause grounds. The State responded that MC1 had

testified and was subject to cross-examination and argued her statements were admissible

under Arkansas Rule of Evidence 803 as a present sense impression, excited utterance, and

then existing mental state. The circuit court overruled Timothy’s objection. Officer Martin

testified that MC1 told her that Timothy and Mysteria had been arguing, MC1 was afraid

Mysteria and MC2 would be shot, Timothy pointed a gun at MC1 and told her to leave, and

Timothy took MC1’s tablet and threw it down the hallway when she attempted to call 911.

Officer Martin’s body-camera footage, which captured her interaction with MC1, was

admitted over Timothy’s renewed objection, with the circuit court making the same ruling.

The physical evidence also corroborated the testimony concerning the shooting.

Officers recovered blood from inside and outside the residence, a .380-caliber Ruger, and

.380-caliber shell casings. DNA testing established that blood recovered from several

locations was consistent with Mysteria’s DNA profile.

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Timothy was arrested in West Memphis on December 28, 2022. During a subsequent

interview, Timothy stated, “If she said it, it probably happened.” The State also introduced

messages Timothy sent Mysteria from jail in which he repeatedly apologized, acknowledged

that he had “messed up,” and asked Mysteria not to “go through with this.”

The jury convicted Timothy of first-degree domestic battering, first-degree terroristic

threatening, and two counts of aggravated assault on a family or household member but

acquitted him of attempted first-degree murder. Timothy was sentenced as a habitual

offender to an aggregate sentence of ninety-one years’ incarceration, including

enhancements.

Timothy argues that the circuit court erred when it admitted evidence from the

December 16, 2022, incident under Rule 404(b). Rule 404(b) of the Arkansas Rules of

Evidence provides as follows:

Evidence of other crimes, wrongs, or acts is not admissible to prove the

character of a person in order to show that he acted in conformity therewith.

It may, however, be admissible for other purposes, such as proof of motive,

opportunity, intent, preparation, plan, knowledge, identity, or absence of

mistake or accident.

The first sentence provides the general rule excluding evidence of a defendant's prior bad

acts, while the second sentence provides an exemplary, but not exhaustive, list of exceptions

to that rule. Dukes v. State, 2026 Ark. App. 242, at 11, 737 S.W.3d 765, 772 (citing Hamm v.

State, 365 Ark. 647, 232 S.W.3d 463 (2006)).

The analysis of whether evidence is admissible under Rule 404(b) is not resolved in a

vacuum. Id. While evidence of other crimes or bad acts may be independently relevant and

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therefore admissible under Rule 404(b), that evidence must also be probative and satisfy Rule

403. Id. (citing Cash v. State, 2026 Ark. 16, at 5–6, 727 S.W.3d 614, 618). This court gives

considerable leeway to the circuit court to determine whether the circumstances of the prior

crimes and the crimes at hand are sufficiently similar to warrant admission under Rule

404(b). Id. (citing Sasser v. State, 321 Ark. 438, 902 S.W.2d 773 (1995)).

Arkansas Rule of Evidence 403 provides that “evidence may be excluded if its

probative value is substantially outweighed by the danger of unfair prejudice, confusion of

the issues, or misleading the jury, or by considerations of undue delay, waste of time, or

needless presentation of cumulative evidence.” The evidence should not be excluded under

Rule 403 unless the defendant can show that the evidence lacks probative value in view of

the risk of unfair prejudice. Dukes, 2026 Ark. App. 242, at 12, 737 S.W.3d at 773 (citing

Cash, 2026 Ark. 16, at 5–6, 727 S.W.3d at 618).

While evidence of other crimes or bad acts may be admissible under Rule 404(b), to

be probative under Rule 403, the prior crime or bad act must be similar to the crime charged.

Brown v. State, 2025 Ark. App. 46, at 7–8, 704 S.W.3d 358, 363 (citing Davis v. State, 362

Ark. 34, 46, 207 S.W.3d 474, 483 (2005)). When offered as Rule 404(b) evidence, the prior

bad act need not have the degree of similarity that is required for evidence of modus

operandi. Id. at 7–8, 704 S.W.3d at 363 (citing Fowlkes v. State, 2020 Ark. 56, 592 S.W.3d

702). The prior bad act does not have to be identical, just similar. Id. at 8, 704 S.W.3d at

363.

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The admission or rejection of evidence under Rule 404(b) is committed to the sound

discretion of the circuit court, and this court will not reverse absent a showing of manifest

abuse of discretion. Lard v. State, 2014 Ark. 1, at 7, 431 S.W.3d 249, 258 (citing DimasMartinez v. State, 2011 Ark. 515, 385 S.W.3d 238). Likewise, the balancing mandated by

Rule 403 is also a matter left to a circuit court’s sound discretion, and an appellate court will

not reverse the circuit court’s ruling absent a showing of manifest abuse. Id. (citing Croy v.

State, 2011 Ark. 284, 383 S.W.3d 367). Abuse of discretion is a high threshold that does not

simply require error in the circuit court’s decision, but requires that the circuit court act

improvidently, thoughtlessly, or without due consideration. Id. (citing Craigg v. State, 2012

Ark. 387, 424 S.W.3d 264).

Evidence may be independently relevant if it shows motive, opportunity, intent,

preparation, plan, knowledge, identity, or absence of mistake. Id. at 9, 431 S.W.3d at 259

(citing Smith v. State, 2010 Ark. 75, 364 S.W.3d 443). Additionally, any evidence that is

relevant to explain the act, show a motive, or illustrate the accused’s state of mind may be

independently relevant and admissible. Id. (citing Brunson v. State, 368 Ark. 313, 245 S.W.3d

132 (2006); Gaines v. State, 340 Ark. 99, 8 S.W.3d 547 (2000)).

Here, the evidence concerning the December 16 incident was independently relevant

to show Timothy’s intent and absence of mistake or accident. Only ten days before the

charged offenses, Timothy and Mysteria argued about infidelity while Mysteria attempted to

leave the residence. During the argument, Timothy armed himself with a handgun, cocked

the gun, waved it around, and pointed it at himself. On December 26, Timothy and Mysteria

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again argued, and Timothy armed himself with a handgun, pointed it at Mysteria and MC1,

and ultimately shot Mysteria in her leg. Given the temporal proximity and similarity between

the two incidents, the December 16 evidence tended to make it more probable that Timothy

acted intentionally, rather than accidentally or mistakenly, during the December 26

confrontation. Accordingly, the evidence was relevant for a purpose other than merely

demonstrating Timothy’s bad character. The record reflects that the State offered the

evidence to show Timothy’s intent and absence of mistake or accident and that the circuit

court admitted it on those grounds.

Nor was the probative value of the evidence substantially outweighed by any danger

of unfair prejudice. The Arkansas Supreme Court has recognized that although evidence

offered by the State is often prejudicial to the accused, it should not be excluded unless the

accused can show that it lacks probative value in view of the risk of unfair prejudice.

Chunestudy v. State, 2012 Ark. 222, at 6, 408 S.W.3d 55, 60. Although evidence that Timothy

had previously displayed and cocked a firearm during an argument with Mysteria was

prejudicial, the December 16 incident was probative of Timothy’s intent given its similarity

to the charged conduct and its occurrence ten days earlier. Thus, the evidence had substantial

probative value beyond merely demonstrating Timothy’s propensity to engage in violent

conduct. Therefore, the circuit court did not abuse its discretion in admitting the evidence

under Rules 404(b) and 403.

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Timothy next argues that the circuit court erred when it allowed the State to

introduce testimonial hearsay statements from MC1 into evidence because the introduction

of those statements violated his Sixth Amendment Confrontation Clause right.

The Confrontation Clause in the Sixth Amendment to the United States

Constitution states: “In all criminal prosecutions, the accused shall enjoy the right . . . to be

confronted with the witnesses against him.” U.S. Const. amend. VI. Article 2, section 10 of

the Arkansas Constitution reiterates that same right of confrontation. The Arkansas

Supreme Court has consistently interpreted both clauses to provide identical rights. Dority v.

State, 2025 Ark. App. 607, at 16 (citing Smith v. State, 340 Ark. 116, 8 S.W.3d 534 (2000)).

We review constitutional questions concerning the Confrontation Clause de novo. Id. (citing

McNeil-Lewis v. State, 2023 Ark. 54, 661 S.W.3d 195).

The Supreme Court held in Crawford v. Washington that testimonial statements are

inadmissible under the Confrontation Clause when the declarant is unavailable and the

defendant did not have an opportunity to cross-examine the declarant. 541 U.S. 36, 68

(2004). The Court noted that the only exceptions to the right of confrontation are those that

were established at the time of the nation’s founding. Id. at 54.

However, the right of confrontation is not violated where testimonial hearsay is

admitted against the defendant, and the declarant is present at trial and available as a witness.

Hughes v. State, 2022 Ark. App. 453, at 10, 655 S.W.3d 312, 318 (citing Toombs v. State, 2015

Ark. App. 71, at 8). If the witness is available in court to cross-examine, then the

Confrontation Clause is satisfied. Id. (citing Davis v. State, 2011 Ark. 373).

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At trial, MC1 described the events of December 26, 2022. She testified that Timothy

pulled Mysteria into the kitchen and poured trash over her face before grabbing a knife as

though he was going to stab her. According to MC1, Timothy stopped when she yelled at

him. MC1 also testified that she saw Timothy with a firearm and subsequently saw him

pointing it at her and MC2. Timothy cross-examined MC1 regarding her account of the

incident. Because MC1 appeared at trial and was subject to cross-examination, the

Confrontation Clause did not prohibit the admission of her prior statements, even assuming

those statements were testimonial. The admission of those statements through Officer

Martin’s testimony and the body-camera footage therefore did not violate the Confrontation

Clause. Accordingly, Timothy’s Confrontation Clause argument provides no basis for

reversal. We affirm.

Affirmed.

HARRISON and BROWN, JJ., agree.

Theodis N. Thompson Jr., for appellant.

Tim Griffin, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for appellee.

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