Arkansas Supreme Court Affirms Timothy Ross Convictions; Rules absence-at-trial claim was not preserved

The Supreme Court of Arkansas on Oct. 17, 2024, affirmed the convictions of Timothy Wayne Ross for rape, second-degree sexual assault and sexually grooming a child, and held that Ross’s challenge to the trial proceeding after he did not appear on the second day was not preserved for appeal. Associate Justice Karen R. Baker delivered the opinion for the court.

Ross, an appellant convicted by a Dallas County Circuit Court jury on Feb. 28, 2023, was sentenced to concurrent terms of life imprisonment, 20 years and six years, respectively. The charges arose from alleged sexual abuse of an eleven-year-old step-granddaughter in August 2020; Ross was indicted March 15, 2021, on counts charging rape (Ark. Code Ann. § 5-14-103), second-degree sexual assault (Ark. Code Ann. § 5-14-125), and sexually grooming a child (Ark. Code Ann. § 5-27-307).

During the two-day trial, Ross was present on the first day but did not appear the following morning. Gregg A. Knutson, Ross’s attorney, told the circuit court that Ross had called him around 7:30 a.m. saying he had “worked a [beaver] trapping job this morning, and that his GPS was showing he would be here at 8:35,” and later reported that Ross had assured him he would make it. When Ross failed to appear, the court issued a bench warrant and the State continued calling witnesses; Knutson told the court he had “no objection” to proceeding because the trial had already started with Ross present.

The court’s deputy and Dallas County Sheriff Mike Knoedl later reported contact with Mary Ross, Timothy Ross’s wife. Knoedl reported that Mary said, “I knew I should have went with him today,” and that Mary had told the sheriff she thought “she didn’t have to testify today [and] there wasn’t no sense in her going.” Knoedl told the court that Mary said she did not know Ross’s whereabouts and that her calls went straight to voicemail.

Knutson moved for a continuance later in the morning and again after the State rested, citing the unavailability of the defendant and the defense need for Ross to testify. The State opposed the continuance. The circuit court denied the defense’s motion and instructed the defense to present its case; Mary Ross subsequently testified on Ross’s behalf and stated she did not believe the minor’s allegations. Ross was convicted on all counts on Feb. 28, 2023. Under Ark. Code Ann. § 16-89-103(a)(2)(B), the circuit court delayed sentencing until Ross was located and returned to court; the record shows sentencing occurred March 15, 2023, after Ross’s return.

On appeal, Ross argued that the trial court abused its discretion by allowing the trial to proceed in his absence because evidence suggested he did not cause his absence within the meaning of Ark. Code Ann. § 16-89-103. The State responded that Ross’s current argument on appeal differs from the objections and grounds raised at trial. The Supreme Court agreed, noting that Ross’s counsel had not pressed the specific statutory argument below and that a party is bound by the objections made at trial. The court therefore declined to reach the merits and affirmed the conviction. The court also noted that the record was remanded briefly to supplement missing jury-verdict forms and that no prejudicial error was found under Ark. Sup. Ct. R. 4-3(a).

Associate Justice Karen R. Baker’s opinion, as filed, affirms the Dallas County Circuit Court judgment. The Supreme Court’s decision leaves in place the jury’s verdicts and the circuit court’s handling of the proceedings and post-verdict sentencing schedule as reflected in the record.