Habitual offender Jeremy Shirron was sentenced Thursday to 15 years in the Arkansas Department of Corrections. He also received 15 years for a suspended imposition of sentence.
Shirron, 24, wearing an off-white jail jumper with his name on it, was in court for the charges of a terroristic act, terroristic threatening first degree, and possession of firearm by certain persons. He also faced a revocation of probation. In that hearing, Circuit Court Judge David Talley and the rest of the courtroom heard Devyance Carter testify about his suspicion that Shirron had shot up his car and his house on 713 East Main Street about 2:38 a.m. on April 6.
Carter, dressed in a beach themed tank top and shorts with tears in them, said he was in his residence along with his girlfriend Malinda Ellis on April 6.
“Mr. Shirron walked up on my property and the next thing I heard was one gunshot, two gunshots and then a total of four gunshots and I heard his voice,” Carter said.
According to a probable cause affidavit, Magnolia Police Officer Kelly Colvin heard four shots from the police department. As she was getting into her patrol unit, central dispatch advised they had received multiple calls from the Gladys Street area of people reporting hearing gunshots in that area.
On the way to the area, Colvin heard from dispatch they had received a 911 call from a residence at 713 East Main Street from a Malinda Ellis, stating that she believed it was her ex-boyfriend outside firing shots.
Bullet holes were found in Ellis’ white Chrysler 300 and Carter’s Chevrolet Tahoe. Colvin observed two bullet holes in the back driver’s side door area of Ellis’ vehicle and at least three bullet holes in Carter’s vehicle along the driver’s side.
Carter said that two months before, Shirron had kicked down the door at Ellis’ residence and put a gun to his head. He said he and Ellis did not call police because they were threatened by Shirron.
“He told her if she was to call the police, he was going to have a shootout with police and then he would kill us,” Shirron said.
On April 12, Carter said he was out at the lake with friends when he saw Shirron and Shirron made a hand gesture at him.
“He recognized me, and he pointed two fingers like a gun at me,” he said.
Shirron’s past behavior toward him and hearing his voice on the night of the April 6 incident convinced Carter that it was Shirron who shot up his vehicle and his house that night. Carter did find a hole in his bathroom the night after the shooting and called police. However, Carter told police he was unsure if this bullet was related to the incident.
“I heard the shot and then a voice,” Carter said during his testimony.
Malinda Ellis was next to take the stand. Deputy Prosecuting Attorney Ryan Phillips asked her if she was under subpoena or on her free will in court and she stated she was under subpoena. Ellis said she really wouldn’t categorize her relationship with Carter as dating.
She said she and Shirron had dated for the past four years and have a child together.
Ellis said she was with Carter on April 6, and they were in bed laying down “and talking or whatever,” when she heard two shots and put her head under the blanket. She said she heard five shots and called the police. She also called Shirron’s mother and talked to her on the phone.
Phillips also asked her about a video she recorded of Shirron discussing what had happened while they were at the park together.
The audio was played in court. Segments of the tape were disturbing.
“I’m not done playing it,” Shirron said. “I shot up all this s--- many times. If he was at McDonald’s, I would have shot up that (racial slur).”
The affidavit said in the video the male’s voice that Ellis advised was Shirron’s made the statement that he did the shooting. Shirron also stated that he knocked on the door and that if Carter would have answered the door, he would have killed him.
Phillips asked her to verify it was just she, Shirron and their three-year-old son at the park. He also asked if she had the occasion to see Shirron drunk or high before and she said yes.
She said she could tell he was drinking.
“For one I could smell it and I when he drinks, he likes to exaggerate things,” she said.
However, Ellis said she said if Shirron really wanted to kill Carter, he would have.
“If someone wants to kill someone, they will do it right then and there,” she said.
Phillips also asked her on the night of April 6, did Shirron know for sure that his son was not in Carter’s home before shooting into the home. She admitted he did not.
“You’ve seen him under the influence of alcohol, and you allowed a child to be around him at that time and that was after you’ve seen him kick in the door and threaten someone with a gun?” Phillips asked.
Ellis responded back.
“He is not going to do anything when he is around his child,” she said.
Talley pointed out that under a court order, Shirron was to not have any contact with Ellis. She said she couldn’t call the jail, so he had been calling her.
Before being dismissed after testimony, Ellis asked if she could ask questions as Phillips and Defense Attorney Jessica Yarbrough had. Talley explained that in law procedures, lawyers are the ones to ask the questions.
She took a deep exhale as she got up and said, “We still have our freedom of speech, correct?”
There was a break in testimony and then Ellis was called back on the stand.
Ellis told Phillips that she heard no voices on April 6, just gunshots.
As the case wrapped up, Yarbrough asked for leniency for her client as she said he had a substance abuse problem and could benefit from entering a facility to help him with that.
Phillips said there were 30 years available for Shirron and 30 is what should be given.
“If there were more, I would say give it to him,” he said.
Before handing down the verdict, Talley summarized that Carter had no knowledge of anyone with gripes against him, but someone fired at his house and his vehicle.
He also said it was obvious that Shirron was not happy that Carter and Ellis had a relationship.
However, he said one thing that was interesting in the case is that Ellis went to the trouble to make a tape with Shirron and then claim that it was or was not him that did the shooting on the night of April 6.
Upon sentencing, Talley told Shirron he was not to have any contact with Carter and could not have any new violations. He also ordered him to a long-term substance abuse program in the Department of Corrections. If he does not complete the course, the state will have its right to revoke his SIS.