LITTLE ROCK, Ark. – The Arkansas Court of Appeals overturned a 60-year prison sentence for a man in connection with a 2018 Pine Bluff shooting.
Joseph Gilbert was found guilty of battery by a jury in a 2023 trial. The court on Wednesday ruled that Gilbert’s right to a speedy trial had been violated and dismissed the verdict.
The jury had sentenced Gilbert to 60 years and a $15,000 fine for battery in the first degree and the use of a gun during the crime.
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The jury verdict and the appeals court decision came after a Nov. 17, 2018, shooting in Pine Bluff of a woman in her home. Police questioned Gilbert about the shooting the day after the shooting, but he gave an alibi and was released.
Gilbert had gone to the police station to give his alibi and was shackled while waiting for a detective to speak with him, according to the court’s ruling. He was released after speaking with the detective.
Court documents show Arkansas filed a criminal information charging Gilbert with battery in January 2019. Officials served an arrest warrant on him in October 2022.
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In November 2023, a jury sentenced Gilbert to prison. Prior to the conviction, Gilbert filed a motion on July 21, 2023, requesting that his case be dismissed on grounds of speedy trial. As pointed out in the appeals court order, the time between his initial arrest in November 2018, when the detective shackled him, and his trial date exceeded 12 months, thereby violating the speedy trial provision of the Arkansas Rules of Criminal Procedure.
The Jefferson County Circuit Court denied the appeal, stating that he was not arrested until October 2022 and the earlier questioning did not constitute an arrest.
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The appeals court disagreed with the circuit court in its ruling, stating that “under any definition,” Gilbert was arrested when a detective shackled him, preventing him from leaving. The court also noted in the ruling that “Arrest” is not defined in the Arkansas Rules of Criminal Procedure.
