The Arkansas Supreme Court denied the request of Derek Sales for postconviction relief where Sales asserted that the circuit court erred in denying his petition because his trial counsel were ineffective (1) during the sentencing phase of his capital-murder trial by informing the jury that if Sales was sentenced to life imprisonment, there was a possibility that he might be pardoned by the governor; and (2) during opening statements after referring to Sales's escape from jail while he awaited trial. The court found no error and affirmed the conviction.
Sales was convicted int he Bradley County Circuit Court of the capital murder and aggravated robbery of Willie York and was sentenced to death and life imprisonment, respectively. The Supreme Court affirmed his convictions and sentences.
Facts mentioned in the decision were that Willie York, whom Sales knew and visited, was found murdered in his home on April 16, 2005. York, who suffered from rheumatoid arthritis, had a very limited use of his hands and could not walk. For this reason, York was mostly confined to a recliner and a bed that was kept in the living room of his ohm. It was adduced at trial that Sales was award York, who sold beer by the can out of his home, used a cigar box as a cash register and as storage for some personal papers. Sales was also aware of the fact that York kept this cigar box near him at all times.
On the day of the murder, Sales was at the York home several times and purchased several beers from York. When York's family left his home at approximately 6:30 that evening, Sales was there, and he was still there later in the evening when York's granddaughters brought him dinner and when York's daughter stopped by for a short visit. Later that night, two of York's granddaughter went to the home to help York get into bed. When they arrived at the house, they old not see York sitting in his recliner and then noticed a shadowy figure, whom they recognized as Sales, moving about the house. Concerned, they called 911. One of the officers at the scene confronted Sales on the front porch of the home, and after Sales tried to flee, h was taken into custody. York was then found inside the home lying in a pool of blood not he floor. He was pronounced dead at the scene, and the medical examiner later determined that three were three possible causes of his death: strangulation, blunt-force trauma to the abdomen, head, and chest, and a stab wound of the neck. Sales was subsequently charged with residential burglary, aggravated robbery, and capital murder, although the residential burglary charge was later nol-prossed.
Sales was convicted int he Bradley County Circuit Court of the capital murder and aggravated robbery of Willie York and was sentenced to death and life imprisonment, respectively. The Supreme Court affirmed his convictions and sentences.
Facts mentioned in the decision were that Willie York, whom Sales knew and visited, was found murdered in his home on April 16, 2005. York, who suffered from rheumatoid arthritis, had a very limited use of his hands and could not walk. For this reason, York was mostly confined to a recliner and a bed that was kept in the living room of his ohm. It was adduced at trial that Sales was award York, who sold beer by the can out of his home, used a cigar box as a cash register and as storage for some personal papers. Sales was also aware of the fact that York kept this cigar box near him at all times.
On the day of the murder, Sales was at the York home several times and purchased several beers from York. When York's family left his home at approximately 6:30 that evening, Sales was there, and he was still there later in the evening when York's granddaughters brought him dinner and when York's daughter stopped by for a short visit. Later that night, two of York's granddaughter went to the home to help York get into bed. When they arrived at the house, they old not see York sitting in his recliner and then noticed a shadowy figure, whom they recognized as Sales, moving about the house. Concerned, they called 911. One of the officers at the scene confronted Sales on the front porch of the home, and after Sales tried to flee, h was taken into custody. York was then found inside the home lying in a pool of blood not he floor. He was pronounced dead at the scene, and the medical examiner later determined that three were three possible causes of his death: strangulation, blunt-force trauma to the abdomen, head, and chest, and a stab wound of the neck. Sales was subsequently charged with residential burglary, aggravated robbery, and capital murder, although the residential burglary charge was later nol-prossed.
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