By Ray King
A Pine Bluff man convicted of first-degree murder has failed to convince the Arkansas Court of Appeals that Judge Alex Guynn erred by denying motions to tell the jury about lesser included offenses like second-degree murder and manslaughter.
Vincent Tyler, 24, also contended that a jury instruction alleging flight was improper but the appeals court disagreed.
Tyler was convicted in the May 18, 2023 shooting death of John Payne, whose body was found in the driver’s seat of a vehicle on 23rd Avenue. Dr. Adam Craig, who performed the autopsy, testified that Payne died of multiple gunshot wounds, including several shots to the back of the head.
During the trial, Tyler’s mother, Melissa Colbert, testified that she had dated Payne for 10 years and was in the truck with him and Tyler the night of the shooting. She also denied shooting Payne.
Following the presentation of the state’s case, Tyler’s attorney called for a directed verdict, claiming the state did not prove its case. That motion was denied and the defense rested without calling any witnesses.
The jury found Tyler guilty of first-degree murder with the use of a firearm and he was sentenced to a total of 55-years in prison.
On appeal, Tyler claims the judge was wrong by reading the fleeing instruction but the appeals court said the evidence was that the bullets that killed Payne came from the backseat and Tyler was one of two passengers in the truck. After the shooting, Tyler left the scene and did not reappear until a month after the shooting.
Regarding the claims that Guynn should have read jury instructions for lesser offense, the appeals court said Tyler’s only defense was that he did not do it, there was no evidence of recklessness, justification or any other defense to justify his having shot Payne at close range.
Tyler is serving his sentence at the Cummins Unit and will be eligible to apply for parole in 2061.
