LITTLE ROCK (AP) — A man who told police he wanted to see how it felt to kill someone — and if he could get away with it — should serve the life-without-parole sentence he was given for a capital murder conviction, the Arkansas Supreme Court said Thursday.
According to the Arkansas News Bureau of the Stephens Media Group, the state’s high court rejected several arguments in upholding the conviction of Kevin Ray Pearcy, 35.
Pearcy was arrested Aug. 11, 2008, after a Hot Springs police officer saw him walking in and out of the yards of homes. Police said that, without being questioned, he told the officer he had killed a man staying in his home.
Pearcy was convicted in a December 2009 trial of the fatal stabbing of Stacy Jay Lewis, whose decomposed body was found inside a trash container on Aug. 11, 2008. Police said Lewis died more than a month earlier.
Under questioning after volunteering the information that he had killed a man, Pearcy said Lewis was homeless but had been staying with him for a short time. Pearcy said he enjoyed watching television shows such as "CSI" and "The First 48" and wondered if he would be able to get away with murder.
Police said Pearcy told them he made sexual advances toward Lewis, and when Lewis rejected them, stabbed the man several times with a knife he had recently bought. After keeping the body in his home for several days, he said, he put it in a trash container that he eventually put out on the street several yards away from his home.
In his appeal, Pearcy offered several arguments for overturning his conviction — failure by the prosecution to prove he acted with premeditation, introduction as evidence of a photograph of Lewis’ bound hands that Pearcy said would have inflamed jurors, and mental disease or defect.
The Supreme Court said the accusation of premeditation was upheld by Pearcy’s statements that he wanted to see if he could get away with murder, as well as physical evidence in the case.
The high court found no fault with showing jurors the photo of Lewis’ bound hands. Prosecutors had argued that the photo helped illustrate Pearcy’s purposeful behavior as well as the condition in which the body was found.
The Supreme Court did not consider the mental disease or defect argument, saying it was not raised in a timely manner during trial and therefore could not be cited on appeal.