Tavares Montgomery v. State of Arkansas

── Tavares Montgomery v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: March 18, 2026 Category: General Cite as 2026 Ark. App. 186 ARKANSAS COURT OF APPEALS DIVISION III No. CR-25-246 TAVARES MONTGOMERY Opinion Delivered March 18, 2026 APPELLANT APPEAL FROM THE DESHA COUNTY CIRCUIT COURT V. [NO. 21ACR-24-31] STATE OF ARKANSAS HONORABLE ROBERT B. GIBSON III, APPELLEE JUDGE AFFIRMED ROBERT J. GLADWIN, Judge Tavares Montgomery appeals from his jury conviction for possession of a firearm by certain persons in violation of Arkansas Code Annotated section 5-73-103(a)(1) (Repl. 2024). He contends that the circuit court erred in denying his motions for directed verdict because the evidence was insufficient to prove that he constructively possessed the firearm found in the vehicle. We affirm. I. Facts and Procedural History The material facts are largely undisputed. In the early-morning hours of February 21, 2024, Officer Damian Durham and Sergeant Greg Freeman with the Dumas Police Department each responded to the Woodland Apartments pursuant to a call stating that a man driving a maroon sedan with a missing hubcap had pulled a gun on the caller there. Officer Durham located a vehicle matching the description at the apartments.  When Officer Durham arrived, Montgomery was the only person seen inside the vehicle and the only person who emerged from it. Officer Durham explained the situation and informed Montgomery that he was being detained while officers investigated the reported incident. Montgomery stated that his girlfriend had picked him up from Pine Bluff, where he lives, and had driven him to Dumas because a man had been continuously knocking on her apartment door. Montgomery said he had stayed outside to smoke “weed” while his girlfriend went inside the apartment and that she was likely in bed. When asked whether he had any identification, Montgomery stated that he did not. He told Officer Durham that his name was Traveon Miller and that he did not have a gun. Dispatch could not find a person named Traveon Miller with the date of birth provided by Montgomery, prompting Officer Durham to continue questioning him regarding his real name. Montgomery was handcuffed and placed in the back seat of Sergeant Freeman’s police vehicle. Sergeant Freeman began walking toward the vehicle Montgomery had been in, and Montgomery tried to prevent the vehicle from being searched by exclaiming that he did not consent. Sergeant Freeman subsequently saw, in plain view between the driver’s seat and the center console, a black handgun with an extended magazine. When confronted, Montgomery stated, “I’ve got a gun in the car.” Montgomery was transported to the Dumas Police Department and was eventually identified as Tavares Montgomery of Pine Bluff. An ACIC search of Montgomery confirmed that he is a convicted felon and had current warrants for his arrest. Montgomery was initially 2 booked into the Dumas jail for aggravated assault, possession of a firearm by certain persons, and obstructing governmental operations. On March 7, 2024, Montgomery was charged by information with two counts: (1) aggravated assault in violation of Arkansas Code Annotated section 5-13-204 (Repl. 2024), a Class D felony; and (2) felon in possession of a firearm in violation of Arkansas Code Annotated section 5-73-103, a Class D felony. At the jury trial held on January 8, 2025, the State ultimately proceeded only on a Class B firearm-possession charge. The parties stipulated to cer