Arkansas Act 911 of 1989: When Mental Health Laws Fail Crime Victims

A tragic case exposes dangerous loopholes in Arkansas's "Not Guilty by Reason of Insanity" statutes

On May 7, 2024, a Grant County courtroom witnessed what many believe was a fundamental failure of Arkansas's criminal justice system. Philip Reynolds, who committed what the presiding judge called "some of the most heinous, savage, and brutal physical acts that this Court has ever encountered," was found not guilty by reason of mental disease or defect under Arkansas Code 5-2-304.

The victim was Patrick Massey - a beloved husband, father, son, and great friend to many, and community member whose life was cut short on March 28, 2019 one day before his 46th birthday.

Understanding Arkansas Act 911 of 1989

Arkansas Act 911 of 1989 established the current framework for the "Not Guilty by Reason of Insanity" (NGRI) defense in our state. While created with good intentions to protect the genuinely mentally ill, this case demonstrates how the law can be manipulated to deny justice to victims and their families and put communities in danger.

Under Arkansas Code 5-2-313, a defendant can be acquitted if they lacked "criminal responsibility" at the time of the offense due to mental disease or defect. The law requires proof that the defendant:

1. Lacked capacity to appreciate the criminality of their conduct, OR

2. Lacked capacity to conform their conduct to the requirements of law

The Court Transcript: A System Manipulated

The complete court transcript from the May 7, 2024 hearing reveals how this tragic case unfolded. Dr. Melissa Wright, a forensic psychologist from the state hospital, testified that Reynolds suffered from "delusional disorder, persecutory type" and lacked the capacity to appreciate his criminal actions.

Key testimony from Dr. Wright included:

• Reynolds had a diagnosed mental disease dating back years

• He was "substantially impaired" at the time of the offense

• His actions were "compelled by his persecutory delusions"

• He currently remains "affected by mental disease or defect"

The judge's findings were clear:

"While Philip Reynolds committed some of the most heinous, savage, and brutal physical acts that this Court has ever encountered, he did so while being impaired by his mental disease. At the time, he lacked the capacity to appreciate the criminality of his conduct."

The Victims Who Deserve Justice

This case involved multiple victims:

• Patrick Massey - murdered

• Law Enforcement - attempted murder

• Law Enforcement - attempted murder

• Jerry Mauldin - aggravated assault

• 5th victim - battery

Problems with Current Arkansas Law

Single Expert Problem

The current system often relies on a single psychiatric evaluation. In this case, one doctor's opinion determined the outcome for multiple violent felonies. There's no requirement for independent evaluation or second opinions in capital cases. Even through I requested the opinion of a second doctor.

Email to teresa about a second option.pdf

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Low Burden of Proof

Arkansas requires only "preponderance of evidence" (more likely than not) for NGRI claims. Other states require "clear and convincing evidence" for such serious defenses.

Limited Prosecutorial Tools

The transcript shows the prosecution offered no contradictory evidence or alternative expert testimony. Arkansas law doesn't adequately require presentation of evidence that might contradict NGRI claims. We feel there was quite a bit of evidence that could have been presented but it was not. One example of that was the officer’s testimony that spoke with Reynolds approximately 30 minutes before Reynolds started his attack.

Inadequate Long-term Supervision

While Reynolds was committed to state custody, the transcript shows he's already considered "in remission" due to medication. There's insufficient protection for the community if treatment fails. There are no measures in place to make sure he is taking his medication.

Proposed Reforms to Arkansas Act 911

1. Require Multiple Expert Evaluations

• Mandate independent psychiatric evaluations for violent felonies

• Require prosecution access to qualified mental health experts

• Establish standards for expert qualifications in NGRI cases

2. Raise the Burden of Proof

• Change from "preponderance" to "clear and convincing evidence"

• Align Arkansas with states that have stronger standards

• Protect against manipulation of well-intentioned laws

3. Mandatory Contradictory Evidence

• Require prosecution to present evidence challenging NGRI claims

• Allow for pattern evidence of rational behavior

• Preventing one-sided presentations

• Require all NGRI hearings to be presented to a jury

4. Enhanced Supervision Requirements

• Stricter monitoring for violent NGRI acquittees

• Lifetime supervision for murder cases

• Community notification requirements

5. Victim Rights Protections

• Ensure victim families have voice in NGRI proceedings

• Require impact statements before NGRI findings

• Protect victims' rights to seek accountability

Learning from Other States

Many states have reformed their NGRI laws:

• Texas requires "clear and convincing evidence"

• Montana abolished the NGRI defense entirely for certain violent crimes

• Idaho and Utah have "guilty but mentally ill" alternatives

• Federal law requires "clear and convincing evidence" standard

Arkansas can learn from these approaches while maintaining protections for the genuinely mentally ill.

The Complete Court Record

To ensure transparency and informed public debate, the complete court transcript from this hearing should be reviewed by legislators, legal professionals, and concerned citizens. The transcript reveals both the current law's application and its potential for manipulation. I have included court transcripts from January 2024 found fit to proceed and May 2024 NRGI court transcript.

Jan 2024 court transcript.pdf

Download PDF • 1.46MB

statevsphilipreynolds20240507.hrg (2) May 7 2024.pdf

Download PDF • 98KB

Call for Legislative Action

Patrick Massey's case demonstrates that Arkansas Act 911 of 1989 needs comprehensive reform. The current law, while well-intentioned, contains loopholes that can deny justice to victims and their families.

Contact Your Representatives

Please help us make this change by signing our petition at https://chng.it/GgTxPSYgjS. Arkansas citizens can contact their legislators to demand review and reform of Arkansas Code 5-2-304 and related NGRI statutes.

Specific Reforms to Request

1. Higher burden of proof for NGRI in violent felonies

2. Mandatory multiple expert evaluations

3. Enhanced victim rights in NGRI proceedings

4. Stricter supervision for violent acquittees

5. Prosecutorial tools to challenge dubious claims

Honoring Patrick's Memory

Patrick Massey was more than a crime statistic. He was a husband who loved his wife, a father devoted to Lucas and Destiny, and a valued community member. His death should not be in vain. We should not be left facing a life without Patrick, while watching his killer avoid accountability through legal maneuvering.

His legacy should be meaningful legal reform that ensures future families don't endure the same injustice his family has experienced.

The Arkansas legislature has the power to honor Patrick's memory through substantive reform of Act 911 of 1989. The question is: will they act?

Arkansas Act 911 of 1989 can be found in Arkansas Code Title 5, Chapter 2, Subchapter 3.

Justice delayed is justice denied. Reform delayed enables more tragedies.