The Hidden Injustice: How Arkansas Act 911 of 1989 Forces Families to Relive Murder

When justice fails, who protects the victims' families?

Six years ago, Patrick Massey was brutally murdered in Grant County, Arkansas. He was tortured, scalped, had his fingers severed, and was set on fire. Jerry Mauldin was shot. When the police arrived, Philip Reynolds opened fire on them too.

You might think this case ended with a conviction and life sentence. You'd be wrong.

Instead, my family has spent six years trapped in an endless legal nightmare, forced to return to court every six months. The first five years were spent determining if Reynolds was "fit to proceed" - never mind the fact that less than two months after he killed Patrick, he filed a lawsuit in Federal Court against the Saline County Sheriff's office. In early 2025, we started year six of court proceedings, now arguing against Philip Reynolds' release. We've had to relive Patrick's murder over and over again, not because we chose to, but because Arkansas law demands it.

The problem is Act 911 of 1989 - and it could happen to any family.

The Law That Time Forgot

Act 911 was passed in 1989, when cell phones were the size of bricks and the internet didn't exist. But this outdated law still governs how Arkansas handles "not guilty by reason of insanity" (NGRI) cases today. Reading through the actual statute reveals shocking gaps that put both families and communities at risk.

The most devastating provision is buried in Section 4(c): acquittees can file for release hearings "no more often than once every one hundred and eighty (180) days" - but there's no limit on how many times they can file.

Think about that. Every six months. Forever. Until they die or are released.

For my family, and the Mauldin Family this means decades of court appearances ahead of us. Decades of having to argue Patrick’s killer shouldn't be freed. Decades of reliving the worst day of our lives, over and over, every six months.

One Doctor's Opinion vs. Justice

Here's another shocking reality: under Arkansas law, a person can avoid prison for even the most heinous murder based on just one doctor's opinion.

Section 3 of Act 911 allows commitment decisions after "examination by a psychiatrist or a licensed psychologist" - singular. No requirement for multiple opinions. No jury involvement. One doctor can effectively override the entire criminal justice system.

In Patrick's case, despite evidence of extreme premeditated violence - torture, dismemberment, arson - one psychiatrist's evaluation resulted in an NGRI verdict. The perpetrator avoided trial, avoided a jury, and avoided prison.

Other states require multiple expert evaluations for good reason. Life-and-death decisions shouldn't rest on a single opinion, especially when public safety and family trauma are at stake.

The Same Treatment for Murder and Shoplifting

Perhaps most absurdly, Act 911 treats all crimes exactly the same. Someone found NGRI for writing a bad check gets the same hearing schedule as someone who commits murder. The law makes no distinction between violent and non-violent offenses.

This makes no sense.

A person who commits check fraud shouldn't face the same restrictions as someone who tortures and kills. But equally important, families of murder victims shouldn't endure the same endless court cycle as families dealing with property crimes.

The trauma isn't equivalent. The public safety risk isn't equivalent. The law should reflect these realities.

Weak Community Protection

When Act 911 individuals are conditionally released, the supervision is shockingly minimal. The law requires compliance documentation only "at 90-day intervals" - just four times per year.

No required notification to local law enforcement. There’s no community notification requirement.  Neighbors don't know a violent offender is living next door. There's no GPS monitoring. No enhanced supervision for violent crimes.

The consequences are predictable and tragic. Recently, another person under Act 911 supervision violated his terms, was released anyway, and killed someone six months later although his original charge was attempt to commit murder. The system failed to protect both the community and the individual who needed proper treatment.

What Other States Do Right

Arkansas isn't trapped with this system. Other states have modernized their insanity statutes to balance mental health considerations with public safety and victim rights.

Many states require:

• Multiple expert evaluations for NGRI determinations

• Jury trials for insanity defenses in violent cases

• Limited numbers of release hearings for violent offenders

• Enhanced supervision and community notification for conditional releases

• Distinction between violent and non-violent offenses

• Some states have a GBMI instead of the NGRI which means Guilty but Mentally Ill

  
  

Arkansas families deserve these same protections.

The Path Forward

This isn't about eliminating mental health considerations from criminal justice. People with serious mental illness deserve appropriate treatment. But the current system fails everyone - defendants don't get proper treatment, communities aren't protected, and families are traumatized indefinitely.

Reasonable reforms could include:

Limiting repeat hearings for violent crimes to prevent endless family trauma

Requiring multiple expert opinions for NGRI verdicts in serious cases

Distinguishing violent from non-violent offenses in hearing schedules and supervision

Strengthening community protection with better monitoring and notification

Ensuring victim family rights including notification and input on releases

Adopt the GBMI

Justice Delayed Is Justice Denied

For six years, my family has lived in legal limbo. We can't grieve and heal because every six months, we are dragged back into court to argue against a killer being released.

This isn't justice. It's state-sanctioned torture of crime victims' families.

Act 911 of 1989 is nearly 35 years old. It's time for Arkansas lawmakers to modernize this broken law and stop forcing families to relive their worst nightmares every six months.

Patrick Massey deserved justice. My family, the Mauldin family and the Lazy Bend Community deserves peace. Arkansas communities deserve protection. Please help us bring change by signing our petition.

The question for our legislators is simple: How many more families will suffer before we fix this broken system?