Full Opinion

Cite as 2026 Ark. App. 399 ARKANSAS COURT OF APPEALS DIVISION III No. CR-25-761 Opinion Delivered September 16, 2026 MINOR CHILD APPELLANT APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT V. [NO. 26JV-25-187] STATE OF ARKANSAS HONORABLE CECILIA DYER, APPELLEE JUDGE REVERSED AND DISMISSED N. MARK KLAPPENBACH, Chief Judge The Garland County Circuit Court adjudicated Minor Child (MC) to be a juvenile delinquent following her commission of third-degree domestic battery. On appeal, MC argues that there was insufficient evidence to support the finding that she committed the offense. We reverse and dismiss. The State filed a delinquency petition against MC, who was fifteen years old, alleging that she had committed third-degree domestic battering, a Class A misdemeanor. The adjudication hearing was held on August 28, 2025. Brianna Neighbors, MC’s aunt, testified that she and MC had a disagreement that “escalated into something more.” When asked to describe what happened when it escalated, Brianna said that she was walking to her room so nothing would happen, and she tripped over some clothes and fell backward. Brianna said that when she was getting up to go back into the living room, she slipped and her face hit a bookshelf, which resulted in bruises on her face. Brianna said that MC did “come at” her, but MC did not put her hands on Brianna. Brianna denied hitting MC but said she did push MC off of her. Brianna claimed that she did not remember telling police officers that MC put her hands on her and did not remember whether MC physically made contact with her. Brianna said that if MC did make contact with her, it “probably was like a little slap or something” and did not leave a mark. Brianna denied having hair pulled out of her head and said instead that her hair was coming out of her ponytail. On cross-examination by MC’s attorney, Brianna testified that MC did not physically injure her. The court asked Brianna to reconcile her testimony that she pushed MC off of her with her testimony that she did not recall MC making contact with her. Brianna stated that when she tripped over the clothes, she guessed that MC also tripped and fell on her, which caused Brianna to push her off. Deputy Susan Crane of the Garland County Sheriff’s Office testified that she responded to a 911 call at the family’s home. She observed red marks on Brianna’s face and a bump on her head. Crane also watched Brianna run her fingers through her hair, and a “mass amount” of hair came out of her head. Crane testified that she interviewed the witnesses on scene, concluded that MC would be placed under arrest based on the investigation, and believed that Brianna’s injuries were caused by the incident. Paula Neighbors, MC’s grandmother, testified for the defense that she did not see what happened between MC and Brianna, and all she could hear was screaming. When 2 asked about Brianna’s testimony that she fell more than once, Paula then said that she did hear what sounded like someone falling. MC moved to dismiss, arguing that Brianna said she had not been injured by MC. The court denied the motion and found that Deputy Crane’s testimony was more credible than Brianna’s testimony. Accordingly, the court found that MC had committed the offense of third-degree domestic battery and adjudicated her delinquent. In reviewing the sufficiency of the evidence in a delinquency case, we apply the same standard of review as in criminal cases; that is, we view the evidence in the light most favorable to the State, considering only the proof that tends to support the finding of guilt. T.R. v. State, 2018 Ark. App. 328, 552 S.W.3d 452. We will affirm if the adjudication is supported by substantial evidence, which is evidence that is of sufficient force and character to compel a conclusion one way or the other without resorting to speculation or conjecture. Id. In considering the evidence presented below, we will not weigh the evidence or assess the credibility of witnesses because those are questions for the fact-finder. Id. As relevant here, a person commits third-degree domestic battering if (1) with the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member or (2) the person recklessly causes physical injury to a family or household member. Ark. Code Ann. § 5-26-305(a)(1), (2) (Repl. 2024). “Physical injury” means the impairment of physical condition; infliction of substantial pain; or infliction of bruising, swelling, or a visible mark associated with physical trauma. Ark. Code Ann. § 5-1-102(14) (Repl. 2024). 3 MC argues that the evidence is insufficient to support the finding of domestic battery because Brianna testified that MC did not injure her, and Deputy Crane’s testimony failed to establish that MC caused Brianna’s injuries. We agree. Viewing the evidence in the light most favorable to the State, we find that there is substantial evidence that Brianna suffered physical injuries because she had visible marks associated with physical trauma on her face and head. However, there was no evidence that MC caused those injuries. Neither Brianna nor Deputy Crane nor Paula testified that MC committed any act that would have caused those injuries. Accordingly, we are left with no choice but to reverse the adjudication. Reversed and dismissed. ABRAMSON and VIRDEN, JJ., agree. Eric Moore, for appellant. Tim Griffin, Att’y Gen., by: Mallory Wood, Ass’t Att’y Gen., for appellee. 4