Heather Scallion v. State of Arkansas

── Heather Scallion v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: April 01, 2026 Category: General Cite as 2026 Ark. App. 207 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-25-84 Opinion Delivered April 1, 2026 HEATHER SCALLION APPEAL FROM THE BOONE APPELLANT COUNTY CIRCUIT COURT [NO. 05CR-21-316] V. HONORABLE JOHN R. PUTMAN, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED CINDY GRACE THYER, Judge Heather Scallion was convicted by a Boone County jury of first-degree murder, aggravated robbery, theft of property, and theft by receiving involving a firearm. She appeals her convictions, challenging the sufficiency of the evidence on all four. She also challenges the imposition of the sentencing enhancements. Because there was sufficient evidence to support her convictions and because she failed to timely challenge the sentencing enhancements, we affirm. I. Facts and Procedural History On October 14, 2021, Jason Stockstill shot and killed Timothy Blackburn with a stolen .22-caliber rifle. At the time of the shooting, Stockstill was hiding in a barn on the property of Blackburn’s mother, Audie Blackburn. After shooting Blackburn, Stockstill stole Blackburn’s pistol and fled in Blackburn’s pickup truck. He later ditched the truck, fled on foot, and hid from the police for approximately one week before being captured. Stockstill’s girlfriend, Heather Scallion, was with him when he was captured. During the investigation of Blackburn’s murder, it was revealed that Stockstill and Scallion were present on Audie’s property the day before the murder. The two spoke with Audie and told her they were looking for Blackburn. Audie informed them that Blackburn did not live there and that she did not know when he would return. At the time, Stockstill was carrying the .22-caliber rifle he later used in the murder. A shotgun, which had also been stolen, had been left by the fence bordering Audie’s property. The next day, Blackburn visited his mother and proceeded to fix a break in her fence. Audie watched him enter the barn when he was done. A short time later, Audie saw Stockstill—and a woman matching Scallion’s description—exit the barn, get into Blackburn’s truck, and leave. When Audie went to the barn to check on Blackburn, she discovered his body and called 911. A few hours later, Scallion was seen leaving a convenience store in Blackburn’s truck. Stockstill and Scallion later abandoned the truck and fled on foot. While on the run, they broke into and slept in a bus and a camper, stole food and firearms, and were able to escape capture for several days. Scallion remained with Stockstill during his attempt to evade capture and was with him when he was arrested. At the time of her arrest, Scallion was in possession of a stolen weapon. Her backpack, identification, and credit cards were found in Blackburn’s abandoned truck. At the time of her arrest, Scallion was wearing clothing that 2 matched Audie’s description of the clothing worn by the woman she saw with Stockstill the morning Blackburn was killed. Stockstill maintained that Scallion was with him at the time of Blackburn’s murder. He claimed that they had walked to Audie’s property the day before the murder. He was carrying the .22-caliber rifle at the time; Scallion was carrying a shotgun. 1 He further maintained that he and Scallion never left the property the day they spoke with Audie and that they had slept in her barn that