RECEIVED © Arkan: E 5 By Arkansas State Hospital at 6:37 pm; Fob 03, 201. Arkansas Department of Human sévjees Division of Adult, Aging, and Behavioral Health, Services? Arkansas State Hospital Ge CRIMINAL RESPONSIBILITY EVALUATION REPORT — BOK te IDENTIFYING INFORMATION: DEFENDANT: Quake Lewellyn DATE OF BIRTH: 06/28/1992 (age 28) CHARGES AND.DOCKET NUMBER: Capital Murder, Kidnapping, Rape, & Abuse of a Corpse [34CR-2020-319] DATE OF COURT ORDE! 2/04/2020 DATE OF EXAMINATION: 01/07/2021 PLACE OF EXAMINATION: Arkansas State Hospital Forensic Services DATE REPORT SUBMITTED: 02/03/2021 REFERRED BY: Circuit Court of Jackson County, Arkansas, Criminal Division REFERRAL ISSUES: Pursuant to ACA 5-2-328, Mr. Lewellyn was referred foran evaluation of his mental state at the time of the offense; specifically, whether he, by reason of mental disease or mental defect, lacked the capacity to appreciate the _eriminality of his conduct or to. conform his conduct to the requirements of the law atthe time of the offense, An evaluation of whether he possessed the culpable mental state required to establish an element of the offense charged was also ordered. SUMMARY OF OPINIONS: 4):It is my opinion that at the time of the alleged offense, Mr. Lewellyn did not display evidence of a mental disease or mental defect. °2) Itis my opinion that Mr, Lewellyn’s state of mind surrounding the time of the alleged offense was not of such a-nature as to render him incapable of appreciating the criminality of his conduct: 3). It is my opinion that Mr. Lewellyn’s state of mind surrounding the time of the offense was not of such a naturé as to render him incapable of conforming his conduct to the requirements of the law. 4) It is my opinion that Mr. Lewellyn was capable of forming the necessary mental state required as an element of the offense charged.NATURE OF THE EXAMINATION: ‘SOURCES OF INFORMATION: ‘* Face-to-face interview and mental status examination of the. defendant by Lacey Willett, Psy.D., at the Arkansas State Hospital on 01/07/2021 «Administration of the following psychometric instruments on 01/07/2021: © The Mini Mental State Exam — Second Edition (MMSE-2 © Evaluation of Competency to Stand Trial = Revised (ECST-R) ‘& Records and information about the case provided by the Jackson County prosecuting attorney's office including: © Order for Fitness to Proceed Examination, dated 12/04/2020 Order for Criminal Responsibility Examination, dated 12/04/2020 Information, filed 10/15/2020 Affidavit, dated 10/15/2020 Jackson County Sheriff's Department incident Report, dated 08/19/2020 Officer Statements and Reports Interviews of Witnesses Interview of Suspect 0000000 DISCLOSURE OF PURPOSE AND THE VOLUNTARY, NON-CONFIDENTIAL NATURE OF THE EXAMINATION: ‘At the outset of the evaluation, | informed Mr. Lewellyn that I was asked to evaluate ‘his, mental state at the time of the offense. He was told that nothing discussed should be considered private, that a report of the examination would be made to the court and sent to his attorney and the prosecutor, and that my testimony may be required in any court proceedings in his case. | informed him that he did not have to answer any questions or make.any statements that he would be uncomfortable having others possibly discover. Mr. Lewellyn indicated that he understood and agreed to cooperate with the evaluation process. HISTORY: SOCIAL HISTORY: Mr. Lewellyn reportedly. grew up in Newport, Arkansas. His parents divorced when he ‘was in the first or second grade, and he subsequently resided with his mother. His biological father maintained contact ‘off and on.” His mother remarried when he was ‘age 10 or 11,'but the marriage ended in divorce a couple of years later. He recalled that his mother remarried again when he was in the ninth grade, and her husband adopted him. He considers his adoptive father to be the main father figure in his life. He did not endorse a history of abuse or neglect, and he never witnessed any domestic violence. Hé indicated that he moved out on his own at age 23 and rented a house, and he married his wife at age 25. He stated that he has not fathered any children, but his three stepchildren reside with him and his wife full ime. In 2020, Mr. Lewellyn, his wife, and Lewellyn, Quake (06/28/1992) 34CR-2020-319 "Jackson Countystepchildren reportedly moved in with his parents in order to save money and build a house. He described the living arrangement as “good.” He independently conducted activities of daily-living such as cooking, cleaning, and childcare, and he was responsible for maintaining the finances and paying bills. He also indicated that he had a driver's license and owned a vehicle. EDUCATIONAL HISTORY: Mr. Lewellyn stated that he graduated from Tuckerman High School and described his grades as "C's and B's.” He did not endorse a history of failed grades or special education classes. He indicated that he was never diagnosed with a leaming disability or assigned an Individualized Education Plan (IEP). When assessed for a history of behavioral problems at school, he replied, "Not really, just tardy a few times.” He recalled that he was suspended in junior high school for fighting. He was also suspended on one occasion in elementary school, but he could not remember what led to the suspension. He did not endorse a history of expulsion. Regarding postsecondary education, he reported that he attended “less than a semester” at Arkansas State University — Newport. ‘I didn't want to. go," he said, referring to the reason he did not continue. He explained that he preferred work to school. OCCUPATIONAL HISTORY: Mr. Lewellyn indicated that he began working as a teenager, which involved: helping his father on the farm. He continued working for his father throughout high schoo! but was also employed at O'Reilly's for a. couple of months. He stated that he started his own farm after he stopped attending college, and he grew rice and beans. He explained that he rented approximately 500 acres for farming, and it was primarily maintained by him and his father, although his father’s employees also assisted at times. He reportedly continued farming until the time of his arrest. He has never received disability income. RELEVANT MEDICAL HISTORY: Mr. Lewellyn did not endorse a history of médical problems, pertinent surgeries, seizurés, traumatic brain injury, or loss of consciousness. He stated that he is not currently prescribed any medication. LEGAL HISTORY: Mr. Lewellyn did not endorse a history of prior legal involvement aside from speeding tickets. DRUG AND ALCOHOL HISTORY: Mr. Lewellyn recalled that he began drinking alcohol at age 17 or 18 and drank “quite often” until the age of 21. Prior to his arrest, he consumed alcohol ‘hardly ever if any at all,” estimating that he would drink a “couple beers...maybe once a year if that.” He denied experiencing any problems related to his alcohol consumption. He disclosed that he smoked marijuana “once or twice”-between the ages of 16 and 18, but he denied use of any other illicit substances. He has reportedly never received any type of substance abuse treatment. Lewellyn, Quake (06/28/1992) 34CR-2020-319 Jackson County$ MENTAL HEALTH TREATMENT HISTORY: Mr. Lewellyn did not endorse a history of mental health treatment, psychiatric hospitalization, suicide attempts, or self-injurious behavior. He also indicated that he. > has never been prescribed any psychotropic medication. FORENSIC EXAMINATION: ‘STATE'S ACCOUNT OF THE-OFFENSE: Account of the alleged offense obtained from the Affidavit, dated 10/15/2020: “On ‘August 19, 2020 at approximately 7:00 p.m., the Jackson County Sheriffs Office (JCSO) received a call in reference to a missing female, identified as Sydney Sutherland. On August 20, 2020, during a search for Suthertand near her home, law enforcement located Sutherland's iPhone in a field along Jackson County Road 41 South, which is approximately 1.3 miles from her residence, Quake Lewellyn was interviewed by agents and Lewellyn stated that he observed Sydney Sutherland running on County Road 41, before her disappearance. During a consent search of Quake Leweliyn’s phone, agents located a location services application which tracks.the phone's geographical location. ‘Approximately an hour after Sutherland was discovered missing, Lewellyn’s location services application indicated that he was at a geographical location approximately 2.36 miles from where Sutherland's phone was located, On August 21, 2020, Sutherland's deceased body was located just'a few yards from where the location services application indicated Lewellyn's location was. Also during the same day, while being interviewed after being Mirandized, Lewellyn stated that he struck Sutherland with his vehicle. Lewellyn stated he then loaded Sutherland up into his pickup and transported her to the area indicated on the location services application. Lewellyn then stated that he took off her shorts and raped Sutherland then buried her at that location. The Arkansas State Crime Lab determined Sydney Sutherland's manner of death as homicide.” DEFENDANT'S ACCOUNT OF OFFENSE: ; Mr. Lewellyn indicated that the incident that led to his current charges occurred on the 18" or 19" of August in 2020. “They're saying | kidnapped and raped and killed her...Sydney Sutherland,” he said. He recalled that he “was driving to check the wells and the rice fields” and saw Sydney walking down the gravel road, He stated that he drove past her and turned around, but upon turning around, he no longer saw her. “I ‘guess because the gravel road was still dusty," he sald. He explained that he believes she may have crossed to the other side of the road, and he struck her with his truck. *! felt her hit my truck, so.| slowed down,” he continued. He reported that he walked over to Sydney and asked if she was okay, but she did not respond, and he believed she was dea her over," he recalled. He stated that he put Sydney's body.on the tailgate of his truck “to hide her body so [he] wouldn't be in trouble." He then reportedly drove to a rice field and dug a hole; He said that he took Sydney's clothing off "and tried messing with her a “At this point, | was ‘scared and afraid | was gonna be in trouble for running Lewellyn, Quake (06/28/1992) 34CR-2020-319 Jackson County5 bit." When asked to clarify what he meant by “messing with her,” he was advised by the attorneys present not to discuss this further. Mr. Lewellyn indicated that he dug the hole with a shovel he had in his truck and buried Sydney in the rice field. Regarding the reason he selected that location, he said, "That was just where | was and where I was going to begin with.” He recalled that it was around 2:00 or 3:00 PM at this point. Earlier that day, he checked wells, ate lunch at the office kitchen, and then resumed checking wells. After burying Sydney, he ‘went back to work" and checked wells until 5:00 or 6:00 * PM. He stated that he went home, ate supper, and went to bed. He reported that he did ot tell anyone what happened and “just tried to forget about it." He remembered that his father called him that night and asked if he saw Sydney, and he told him that he saw her but nothing further. He mentioned that it had been a normal day for him until he hit Sydney with his truck, and he was not feeling different or experiencing any stressors. The following day, he “went to work just like normal.” He indicated that he spoke to an officer briefly via telephone and was cooperative. He stated that he went with his father to the police station the next day because he was the last person to see Sydney, but he ‘was still hoping he would not be caught. He explained that he agreed to take a polygraph, but the investigator ultimately decided not to test him. He remembered that he then:decided to confess and provided multiple statements. He acknowledged that he was aware that each of the alleged offenses is against the law, but at the time he struck ‘Sydney with his truck, “it was-all just a blur.” He added, “I knew | didn’t kill her on Purpose.” Upon being asked why he did not call 911 after hitting her, he replied, “That | don't know... was just scared.” He denied using any drugs or alcohol on the day of the Offense, and he stated that he was not prescribed any medication at the time. FORENSIC OPINIONS: OPINION ON THE DEFENDANT'S MENTAL STATE AT THE TIME OF THE ALLEGED OFFENSE: It is my opinion that at the time of the alleged conduct, Mr, Lewellyn did not manifest symptoms of a mental disease or mental deféct. There is no evidence to suggest that Mr. Lewellyn was experiencing a mental disease or mental defect as defined by ACA 5-2-301 (j.e., a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life) at the time of the alleged offense. He indicated that he has no history of mental health treatment and did not report experiencing any symptoms of mental illness during the timeframe of the offense. Rather, he maintained his own farm at that time and engaged in a number of rational, goal-directed behaviors before and after the offense, such as completing farm tasks the day of and the day following the offense and having dinner with his. family. Moreover, he reported that he was not feeling different or experiencing any stressors during the timeframe of the offense, There is also no mention of any bizarfe speech or conduct during his interview with the police. Lewellyn, Quake (06/28/1992) 34CR-2020-319 Jackson County6 OPINION ON THE DEFENDANT'S CAPACITY TO APPRECIATE THE CRIMINALITY OF HIS CONDUCT AT THE TIME OF THE OFFENSE: It is my opinion that at the time of the alleged conduct, should the fact finder conclude that Mr. Lewellyn committed the charged offense, he did not lack the capacity to appreciate the criminality of his conduct. ' There is no evidence to suggest that Mr. Lewellyn lacked the capacity to appreciate the criminality of the alleged conduct at the time of the charged offense. During the current evaluation, he disclosed that he put Sydney's body on the tallgate of his truck “to hide her body so [he] wouldn't be in trouble,” reflecting that he knew his conduct could result in legal consequences. He stated that he buried her body in a rice field and did not tell anyone about the incident that night, further demonstrating that he knew his behavior was against the law. Importantly, there is no indication that he was experiencing any symptoms of a mental disease or mental defect at the time of the offense that would have led him to believe he had a legal right to commit any of the allegations against him. OPINION ON THE DEFENDANT'S CAPACITY TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF THE LAW AT THE TIME OF THE OFFENSE: It is my opinion that at the time of the alleged conduct, should the fact finder conclude that Mr. Lewellyn committed the charged offense, he did not lack the capacity to conform his conduct to the requirements of the law. Likewise, there in nothing in the police reports, or his own self-report, to.suggest that Mr. Lewellyn was experiencing any symptoms of mental iliness (e.g. delusions or hallucinations) at the time of the offense that could have impaired his capacity to conform his conduct to the requirements of the law. Although Mr. Lewellyn maintained that he accidentally struck Sydney with his truck, he engaged in a number of goal- directed behaviors at the time of the offense that reflected he was capable of volitional conduct. For example, he loaded her body into his truck, drove to a rice field, dug a hole with a shovel, and buried: her body. He indicated that he continued working and then had dinner with his family, further demonstrating that he was capable of controling his behavior. He also mentioned that he “went to work just like normal’ the following day and spoke to a police officer on the phone, which also suggests that he was capable of acting in a manner compliant with the law. Additionally, he reported that he was cooperative with the police and provided multiple statements. Lastly, at no point has Mr. Lewellyn claimed that his behavior related to the offense was due to symptoms of a mental disease or mental defect. OPINION ON THE DEFENDANT'S CAPACITY TO HAVE THE CULPABLE MENTAL STATE REQUIRED TO ESTABLISH AN ELEMENT OF THE OFFENSE CHARGED: itis my opinion that at the time of the alleged conduct, should the fact finder conclude that Mr. Lewellyn committed the charged offense, he did not lack the capacity to form the required culpable mental state. Lewellyn, Quake (06/28/1992) 34CR-2020-319 Jackson CountyThere is no evidence to suggest that Mr. Lewellyn lacked the capacity to actin a Purposeful manner at the time of the alleged offense. Rather, Mr. Lewellyn reported engaging in a number of purposeful, goal-directed behaviors on the day of the offense. Specifically, he indicated that he checked wells‘on the morning of the offense, ate lunch, and then resumed checking wells. Following the offense, he continued checking wells Until §:00 or 6:00 PM and then had dinner with his family, indicating that he was capable of acting In a purposeful manner at the time. As stich, based on the available evidence, there is no indication that Mr. Lewellyn was incapable of forming the necessary mental state required as an element of the offense charged. du dA Psy.D. nsed Forensic Psychologist (AR 13-24P) UAMS Assistant Clinical Professor of Psychiatry. Arkansas State Hospital Lewellyn, Quake (06/28/1992) 34CR-2020-319 Jackson County