By Ray King
A woman currently serving a prison sentence for a 2020 murder failed to convince the Arkansas Court of Appeals that there was insufficient evidence to convict her.
Lamiesha Toney, 29, and a co-defendant, Deric Smith, were charged with capital murder in the shooting death of Emmanuel Foster and first-degree battery in the shooting of Jason Anderson.
Following a jury trial in 2022, Toney was convicted of second-degree murder and first-degree battery and sentenced to 20 years in prison.
On appeal, Toney contended that there was insufficient evidence to show that she was Smith’s accomplice in the shooting of the two men. During the trial, Toney’s attorney argued that there was no evidence of premeditation and asked for a directed verdict which was denied. She contended that she was attacked and that there was a struggle over the weapon were sufficient to prove her contention, but the appeals court disagreed.
Toney is serving her sentence at the McPherson Unit and will be eligible to apply for parole later this year.
