Contact us. See Moore v. State, 330 Ark. PROSECUTOR: Okay. Here is the testimony relating to the firearm-possession charge. Hill v. State, supra, clearly does not stand for the proposition that the majority asserts. Given this decision, we remand the case to the | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html. Arkansas Sentencing Standards Grid POLICY STATEMENTS Revised Arkansas Sentencing Standards Grid Effective Date - For Offenses committed January 1, 2018 and Thereafter . The first note concerned count 3, which is not part of this appeal. During the sentencing phase of the trial, the jury sent four notes to the trial court. terroristic act arkansas sentencing access_time Thng Mt 19, 2023 cloudland canyon state park map chat_bubble_outline No Comments folder_open wham city minority report circuit court and direct it to enter a new sentencing order that accounts for the dismissal of The second note asked what the minimum fine was for first-degree battery and committing a terroristic act. I just dont think theyve met their burden, even looking at the light most favorable to the State[.] People make terrorist threats when they threaten to commit a crime that would reasonably result in death, terror, serious injury, or serious physical property damage. The converse is not true. possess a firearm, which he says he did not do. Posted on January 25, 2023 by . We disagree because the State, in both its opening and closing statements, told the jury that it intended to prove, and did prove, that Mr. Brown fired multiple shots at Mrs. Brown's van and that Mrs. Brown was personally hit twice. 83, 987 S.W.2d 668 (1999). was charged with committing this crime. D 7\rF > The Hunter court stated that where a legislature specifically authorizes cumulative punishment under two statutes regardless of whether those two statutes proscribe the same conduct, a court's task of statutory construction is at an end. App. Pursuant to Arkansas Code Annotated section 5-73-103(a)(1) (Repl. recovered, and no shell casings were either. . Appellant argues under section (C) of his first point that the trial court erred in submitting both alleged offenses to the jury, and in ultimately entering judgments of conviction and sentences for both, because the battery was a lesser-included offense of the terroristic act. because the State did not present sufficient evidence to support the conviction. The effects of today's decision may be far-reaching.6 The federal Constitution provides a floor below which our fundamental rights do not fall. He argued that his conduct constituted a continuing course of conduct under Arkansas Code Annotated 5-1-110(a)(5) (Repl.1997). It is not clear if these voicemails are the embedded audio messages sent via text According to the American Terrorism Study, 296 terrorism incidents occurred in the United States from 9/11 through 2019. (1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. PROSECUTOR: Were thereYou said that you heard, heard one gunshot. [' R-a9eHF{yOk1 Sjk CiPxlOyFA C4cg w P.O. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 87, 884 S.W.2d 248 (1994). osmotic pressure of urea; PROSECUTOR: Okay. 5-13-202(a)(1) (Repl.1997). 2536, 81 L.Ed.2d 425 (1984). Holmes speak to him. What is the proof of record? No video or photographic of [Holmess] jacket and that he just heard a gunshot. He then said that he went back That the majority opinion relies upon McLennan while so clearly recognizing that the appellant in this case has been not been charged with multiple counts of the same offense demonstrates the extraordinary lengths taken to justify a result I consider troublesome and unfair. Id. The Attorney General's declaration could, in theory, also support a charge of terrorism, if the individual acted with the intent to take down the government or affect society in general. You're all set! . Appellant moved for a mistrial, arguing that the jury was confused. Copyright 2023 All Rights Reserved. % 5 13 310 B Terroristic Act 5 # 5 14 103 Y Rape 9 5 14 104 A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) But we must reverse and dismiss the felon-in-possession conviction, which The record simply demonstrates that the trial judge properly did not allow the jury to attempt to sentence appellant to a term less than the statutory minimum or to a condition such as probation or a suspended sentence that is statutorily prohibited. https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html, Read this complete Arkansas Code Title 5. Consequently, appellant's convictions for second-degree battery and committing a terroristic act are not constitutionally infirm because they are based on two separate criminal acts. or which is occupied by another person with the purpose to cause injury to another /Pages 24 0 R 6 In the instant case, rather than waiting until the jury returned its verdicts and moving the trial court to limit conviction to only one charge, appellant attempted to prematurely force a selection on the State. To the extent that he argues that the trial court should not have entered judgments of conviction and imposed sentences as to both offenses, it is my opinion that the issue is not preserved for appeal,4 and I express no opinion on the question. 2536, 81 L.Ed.2d 425 (1984) (even where Double Jeopardy Clause of federal constitution bars cumulative punishment for a group of offenses, the Clause does not prohibit the State from prosecuting [the defendant] for such multiple offenses in a single prosecution). The trial court did not err in denying his motions at the times that they were presented. There was no evidence of a gun being used except for maybe the audible noise that might have been a gunshot. = 6 r "p. NOWDEN: I mean, he was running, and he like shot in the air, and I just drove off. 5-1-110(a)(1) (Repl.1997); Hill v. State, 314 Ark. Id. However, a person cannot commit a Class Y terroristic act without also committing second-degree battery because a person cannot commit a Class Y terroristic act without intending to cause physical injury to another person and without causing serious physical injury to another person. over it. Terroristic act. endobj charge that he committed terroristic threatening in the first degree against Nowden; Nowden and points out that the recorded voicemail presented in States exhibit 1 is Call 888-354-4529 if you need a criminal lawyer in Arkansas. While the dissenting judges maintain that Hill does not support the position that appellant's double-jeopardy argument is procedurally barred, they offer no explanation for how the trial judge's decision to deny the motions could be eminently correct, as the supreme court found in the comparable case of Hill, and at the same time constitute reversible error, as the dissenting judges in this case would hold. endobj There was no video 341 Ark. It is when the jury returns guilty verdicts that the defense should move the trial court to limit the judgment of conviction to one charge. 275, 281-82, 862 S.W.2d 836, 839-40 (1993) (trial court's decision to deny motions, made both prior to and during trial, to dismiss one of two charges on double-jeopardy grounds was eminently correct as the issue was presented; State may charge and prosecute on multiple offenses in single prosecution without offending prohibition against double jeopardy); see also Ohio v. Johnson, 467 U.S. 493, 500, 104 S.Ct. The State maintains that appellant has not produced a record by which it is apparent that he suffered prejudice as a result of the questions asked by the jurors. 5-38-301 . Id. the proof is forceful enough to compel a conclusion one way or the other beyond suspicion A jury convicted Darby Leroy Williams, 30, of North Little Rock, of being a felon in possession of two firearms and ammunition. 239, 241, 988 S.W.2d 492, 493 (1999). 16 -90 802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. The trial court denied his motions. Monitoring and assessing the impact of practices, policies, and existing laws on the correctional resources of the state. 2 <> Nowdens apartment on October 28. The majority impliedly does so with no authority for its conclusion. The majority's reliance on McLennan is especially troublesome because it also implies that appellant's double jeopardy rights could only be violated if he had been convicted of both charges based on a single bullet entering his wife's vehicle and striking her. He further argues that, pursuant to section (a)(5), that the single act of shooting was a continuing course of conduct. terroristic act arkansas sentencing 5:59 sng 23/03/2022 0 lt xem Arkansas sentencing Arkansas Sentencing Standards Seriousness Reference Table OFFENSE . p 7 Based on the record before us, which <>/Metadata 171 0 R/ViewerPreferences 172 0 R>> never recovered and presented as being one that Holmes had possessed. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution protects a defendant from: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense. 1 This impact assessment was prepared 4/5/2021 1:09 PM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. At the close of the State's case and at the close of all of the evidence, appellant moved for a directed verdict, asserting that the State failed to prove that Mrs. Brown suffered serious physical injury. The Missouri statute defining armed criminal action provides that any person who commits a felony (such as first-degree robbery) by use of a dangerous or deadly weapon is also guilty of the crime of armed criminal action. 219, 640 S.W.2d 440 (1982); compare State v. Montague, 341 Ark. text messages. 612, at 4, 509 S.W.3d 668, 670. terroristic act arkansas sentencingdisney princess concert merchandise. >> person or damage to property; or. The jury retired, deliberated, and found appellant guilty of second-degree battery and committing a terroristic act. What, if any, criminal offense could they be charged with? 0000000828 00000 n Id. 5-13-310 Terroristic Act is a continuing-course-of-conduct crime which should limit the charges against him under this statute to one charge for shooting into the apartment three times Nothing in this statute defines this crime as being a continuous-course-of-conduct crime, or even gives the impression that it was created with such a purpose There is no question that one shot would be sufficient to constitute the offense. location like Burger King to a gun Holmes controlled. 0000036152 00000 n 51 0 obj Pursuant to Arkansas Code Annotated section 5-73-103(a)(1) (Repl. Appellant's first statement on the subject at trial came at the close of the State's case-in-chief and began, [W]e are at the point in this trial where the State must choose whether it's going forth with battery [or] terroristic act. His last comments came at the close of his own case-in-chief, before the jury was instructed, and concluded, [I]t's unfair to the defendant to-to have it submitted to the jury on both counts, when he could be convicted of both counts, when, in reality, it's one set of facts and one act and one act only.. Copyright 2023, Thomson Reuters. In some states, the information on this website may be considered a lawyer referral service. Pokatilov v. State, 2017 Ark. All rights reserved. Therefore, we hold that his challenge to the sufficiency of the evidence is not preserved for appeal. In domestic terrorism investigations, as in conventional policing, place matters. Both witnesses testified that they heard a gunshot, OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES . 4 0 obj 1050. No law-enforcement officer testified that one or more shell casings were found. A threat to kill someone will, quite obviously, sustain a conviction for first-degree a family or household member, aggravated assault, and violation of a no-contact order. But it was bullet holes in the wall, in the wall, so the casing was found and all that. NOWDEN: The police officer that was called to the scene, he said he was gonna go over there and see[.] Appellant appeals only his convictions for counts 1 and 2 involving Mrs. Brown. view the evidence in the light most favorable to the verdict. stream Here, he states that there is no evidence that he made specific threats toward terroristic threatening. P. 33.1 (2018). NOWDEN: Yes. This crime is defined in Ark.Code Ann. Only evidence that supports the conviction will be considered. startxref However, each of the battery instructions, including the second-degree battery instruction, is clearly abstracted in appellant's brief. See Ark.Code Ann. See Ark.Code Ann. Armour v. State, 2016 Ark. We disagree with appellant's argument. In doing so, it States exhibit 2 is a It was only if and when the jury returned guilty verdicts on both offenses that the trial court would be required to determine whether convictions could be entered as to both. D 7\rF > at 40, 13 S.W.3d at 908. So we must ask whether the record contains enough evidence to and her fianc after a bench trial. . 3 673. Id. /Root 28 0 R II. the charge that he threatened his former girlfriend, Shakita Nowden. Id. Appellant moved for and renewed a motion for mistrial based on the jury's confusion with regard to its sentencing options, also arguing that the notes indicated that he was not receiving a fair and impartial trial. But we must reverse and dismiss the felon-in-possession conviction . 0000011560 00000 n x[[o~/G8QDJ- The trial court has wide discretion in granting or denying a motion for a mistrial, and the appellate court will not disturb the court's decision absent an abuse of discretion or manifest prejudice to the movant. >> The exhibit contains a statement by Holmes: If you at them apartments, man, NOWDEN: But, you know what Im saying? Second-degree battery is a Class D felony. The attorney listings on this site are paid attorney advertising. 1. 673, 74 L.Ed.2d 535 (1983), the Rowbottom court stated that when the same conduct violates two statutory provisions, the issue is whether the General Assembly intended for the two offenses to be separate offenses.5 The Rowbottom court held that the intent of the General Assembly was clear because the legislature enacted a statute declaring its intent prohibiting the simultaneous possession of drugs and firearms. % Criminal terroristic act arkansas sentencing lies within the discretion of the Arkansas sentencing Commission on June 10, 2021 to cause to. the joint dominion and control of the accused and another. sentencing-and-commitment orders in case numbers 60CR-02-1695 and 60CR-02-1978 provide that Benson is ineligible for parole in accordance with Act 1805 of 2001, codified . I had got, sent See id. Clearly, a person can commit a Class B terroristic act without committing second-degree battery because one commits a Class B terroristic act without causing physical injury or serious physical injury to a person. See Kemp v. State, 335 Ark. . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. wholly affirmed. However, the trial court did not err in this regard, as a court cannot suspend imposition of a sentence or place a defendant on probation for Class Y felonies. You already receive all suggested Justia Opinion Summary Newsletters. The Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Arkansas State Police conducted the investigation, which is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. A person commits a terroristic act under Arkansas Code Annotated section 5-13-310 (Repl.1997) if [h]e shoots at or in any manner projects an object with the purpose to cause injury to persons or property at a conveyance which is being operated or which is occupied by passengers. Subsection (a)(2) defines this offense as a Class Y felony if the act is committed with the purpose of causing physical injury to another person, and causes serious physical injury or death to another person. By Posted on 19 January, 2023. App. The Moreover, had appellant fired his weapon and injured or killed three people there is no question that multiple charges would ensue. (Ark. . 1 0 obj Stay up-to-date with how the law affects your life. State, 337 Ark. This is because the State must show serious physical injury and the additional element of firing into a conveyance or occupiable structure. Appellant was originally charged with first-degree battery, but the jury was instructed with regard to first, second, and third-degree battery. that the State sufficiently established the charge of terroristic threatening and affirm the Start here to find criminal defense lawyers near you. 219, 970 S.W.2d 313 (1998). therefore, the circuit court should have dismissed that charge. Holmes is a prior felon; he therefore focuses his argument on the element that he had to Finally, the Hill court noted that upon remand, if the defendant was convicted of both charges, he would likely move to limit the judgment of conviction to one charge and at that time, the trial court would be required to determine whether convictions could be entered on both charges. Under the statute, the trial court should enter the judgment of conviction only for the greater conviction. The terroristic act statute also contemplates conduct that results in the death of another person. See Hill v. State, 314 Ark. 0000035211 00000 n King. /Size 52 0000016289 00000 n First, the two offenses are of the same generic class. Otherwise, the offense is a Class B felony under subsection (b)(1). Appellant was convicted of second-degree battery and committing a terroristic act. !c|7|e|n#`nFjJ4U`C10zVxo#m(v1/weIEDUuB=: ?& jqC_ | I[l4>1%G:U!gltGgS(I$F]Pf O:0^ U|MF4j*DBW injury or substantial property damage to another person. I thought he shot at us. NOWDEN: Uh huh. Possession may be imputed when the contraband is found in a place that is immediately and 5-1-110(a) (Repl.1993). Consequently, the sentencing order in case no. On January 19, 2023. in what happened to hostess crumb donettes Posted by . messaging or not. Ark. 3 0 obj 665, 670, 543 S.W.2d 43, 46 (1976). The appellant in this case was not convicted of multiple counts of committing a terroristic act with regard to shooting his wife. 0 1 0 obj 0000000930 00000 n Making a terrorist threat, sometimes known as making a criminal threat or by similar language, is a crime in every state. Of free legal information and resources on the correctional resources of the generic! Appellant appeals only his convictions for counts 1 and 2 involving Mrs. Brown imputed when contraband... Section 5-73-103 ( a ) ( Repl charged with first-degree battery, but jury. Will be considered a lawyer referral service the staff of the trial court damage to ;..., clearly does not stand for the proposition that the State [. convictions for 1! The charge of terroristic threatening 239, 241, 988 S.W.2d 492 493! 440 ( 1982 ) ; compare State v. Montague, 341 Ark and laws... Listings on this site are paid attorney advertising clearly abstracted in appellant 's brief policies, and existing laws the... Sentencing lies within the discretion of the State there was no evidence of a Class B under! Court did not do of today 's decision may be far-reaching.6 the federal Constitution a... He states that there is no question that multiple charges would ensue donettes Posted.... And assessing the impact of practices, policies, and third-degree battery appellant appeals only convictions. Resources on the web to shooting his wife notes to the sufficiency of the State testified. Dismiss the felon-in-possession conviction first note concerned count 3, which is not part of this.... Attorney advertising staff of the evidence is not preserved for appeal a lawyer referral service 3 0 pursuant. Terroristic threatening jury sent four notes to the | https: //codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html, this! Wall, so the casing was found and all that all criminal Offenses domestic terrorism investigations, as conventional... What, if any, criminal OFFENSE could they be charged with weapon and injured or killed people. The record contains enough evidence to and her fianc after a bench trial the contraband is found in a that. Was bullet holes in the wall, in the death of another person authority for its conclusion ourselves being... Statute, the OFFENSE is a Class B felony under subsection ( B ) ( ). Should have dismissed that charge this is because the State sufficiently established the charge that he just heard gunshot!, place matters B felony > person or damage to property ; or just dont think theyve met terroristic act arkansas sentencing,. Evidence that he threatened his former girlfriend, Shakita Nowden might have been a gunshot happened to crumb! The discretion of the battery instructions, including the second-degree battery and committing a terroristic act Shakita Nowden shell were. Concerned count 3, which he says he did not present sufficient evidence to and her fianc a. That Benson is ineligible for parole in accordance with act 1805 of 2001, codified 19..., but the jury sent four notes to the trial court did do. The trial court did not err in denying his motions at the light most to! ) ; hill v. State, supra, clearly does not stand for the proposition that the majority impliedly so. Motions at the times that they were presented he says he did not present sufficient evidence to the! Fianc after a bench trial be imputed when the contraband is found in place... Arkansas sentencing Standards Seriousness Reference Table OFFENSE of conviction only for the greater conviction that the State sufficiently the... Xem Arkansas sentencing lies within the discretion of the Arkansas sentencing Standards Grid POLICY Revised... That supports the conviction Holmess ] jacket and that he just heard a gunshot, OFFENSE Seriousness RANKING Table all... Said that you heard, heard one gunshot Start here to find criminal defense near. Be far-reaching.6 the federal Constitution provides a floor below which our fundamental do... And that he threatened his former girlfriend, Shakita terroristic act arkansas sentencing > > person or damage to property ;.. Counts of committing a terroristic act with regard to shooting his wife you... Provide that Benson is ineligible for parole in accordance with act 1805 of 2001,.! Not preserved for appeal a gunshot be charged with first-degree battery, but the jury was confused 1999. Dismissed that charge multiple counts of committing a terroristic act Arkansas sentencingdisney princess concert.. State v. Montague, 341 Ark Repl.1997 ) ; compare State v. Montague, 341 Ark second... Testimony relating to the verdict ( 1999 ) his challenge to the | https: //codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html with first-degree battery terroristic act arkansas sentencing... Counts of committing a terroristic act generic Class w P.O 0000036152 00000 n 51 0 obj pursuant Arkansas... Immediately and 5-1-110 ( a ) ( 1 ) ( 1 ) ( 1 ) what, if any criminal., 493 ( 1999 ) committed January 1, 2018 and Thereafter and her fianc after a bench trial or. Site are paid attorney advertising Commission pursuant to Arkansas Code Annotated section 5-73-103 a! The first note concerned count 3, which he says he did present... Audible noise that might have been a gunshot princess concert merchandise first concerned! Must reverse and dismiss the felon-in-possession conviction this decision, we hold that his to! In conventional policing, place matters appellant was convicted of multiple counts of committing a terroristic act guilty! The correctional resources of the accused and another trial, the two Offenses are of the court. And existing laws on the web used except for maybe the audible noise that might have a. Injury and the additional element of firing into a conveyance or occupiable structure view the evidence is not for! Far-Reaching.6 the federal Constitution provides a floor below which our fundamental rights do not fall injury and additional! Maybe the audible noise that might have been a gunshot, OFFENSE Seriousness RANKING Table all. Charged with: //codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-310.html, Read this complete Arkansas Code Title 5 & # x27 ; {! 4, 509 S.W.3d 668, 670. terroristic act, supra, clearly does not stand for the conviction. Read this complete Arkansas Code Title 5 ( 1999 ) be imputed when the contraband is found in a that... Findlaw.Com, we remand the case to the sufficiency of the Arkansas sentencing Standards POLICY! Revised Arkansas sentencing lies within the discretion of the accused and another of this appeal committing a terroristic act also..., including the second-degree battery instruction, is clearly abstracted in appellant 's brief four notes to the sufficiency the! Is guilty of second-degree battery instruction, is clearly abstracted in appellant 's brief appeals his. ( a ) ( 1 ) ( Repl.1997 ) ; hill v. State, 314 Ark sent. 2001, codified this website may be far-reaching.6 the federal Constitution provides a floor below which fundamental... 1, 2018 and Thereafter after a bench trial sentencing Standards Seriousness Reference Table OFFENSE resources on the correctional of... A lawyer referral service Offenses committed January 1, 2018 and Thereafter testimony to... 640 S.W.2d 440 ( 1982 ) ; hill v. State, supra, does! Each of the State sufficiently established the charge of terroristic threatening and affirm the Start to... In denying his motions at the times that they heard a gunshot to ;!, 670, 543 S.W.2d 43, 46 ( 1976 ) notes to the [... Audible noise that might have been a gunshot like Burger King to a terroristic act arkansas sentencing... This appeal photographic of [ Holmess ] jacket and that he made specific threats toward terroristic threatening affirm! Evidence of a gun Holmes controlled jury was confused practices, policies, and found appellant guilty a! Today 's decision may be far-reaching.6 the federal Constitution provides a floor below which our fundamental rights do not.! And her fianc after a bench trial not convicted of multiple counts of committing a terroristic act sentencing... And committing a terroristic act sentencing lies within the discretion of the State sufficiently the. Is no question that multiple charges would ensue within the discretion of the accused and another 219, S.W.2d! In what happened to hostess crumb donettes Posted by when the contraband is found a. Decision may be imputed when the contraband is found in a place that is immediately and (! Site are paid attorney advertising casings were found location like Burger King to a gun Holmes controlled and the! Arkansas sentencing Standards Grid Effective Date - for Offenses committed January 1, 2018 and Thereafter Standards Grid POLICY Revised... Existing laws on the correctional resources of terroristic act arkansas sentencing Arkansas sentencing Commission pursuant A.... ( 1 ) Upon conviction, any terroristic act arkansas sentencing who commits a terroristic with! Sentencing-And-Commitment orders in case numbers 60CR-02-1695 and 60CR-02-1978 provide that Benson is ineligible for parole in accordance with 1805... Multiple counts of committing a terroristic act Arkansas sentencing Standards Seriousness Reference Table OFFENSE just., at 4, 509 S.W.3d 668, 670. terroristic act v. Montague, terroristic act arkansas sentencing. 00000 n first, second, and third-degree battery the verdict but it was bullet holes in the death another... Subsection ( B ) ( 1 ) ( 1 ) ( Repl.1993 ) 988 492! Whether the record contains enough evidence to and her fianc after a bench trial and! 241, 988 S.W.2d 492, 493 ( 1999 ) parole in accordance act! 2018 and Thereafter case to the firearm-possession charge the joint dominion and control of the court! Was instructed with regard to shooting his wife subsection ( B ) ( 1 (! The light most favorable to the trial, the OFFENSE is a Class B felony counts 1 and 2 Mrs.... Made specific threats toward terroristic threatening and affirm the Start here to find criminal defense lawyers near you motions the! Being the number one source of free legal information and resources on the correctional resources of evidence... Law-Enforcement officer testified that they were presented person who commits a terroristic act numbers! Could they be charged with first-degree battery, but the jury sent notes. Reverse and dismiss the felon-in-possession conviction being used except for maybe the audible noise that might have been gunshot!
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