Camacho murder appeal dismissed

FAYETTEVILLE — A federal judge has dismissed an appeal filed by a man serving a life sentence for his part in the 2006 murder of a Little Flock man. Daniel Francis was killed May 6, 2006, by a gunshot to the back of the head. Francis was a passenger in a car at Bloomington Street and Pleasant Grove Road in Lowell when he was shot. Serafin Sandoval-Vega fired the fatal gunshot from the back seat of a car driven by Manuel Enrique Camacho. Sandoval-Vega pleaded guilty to capital murder in 2008 and was given a life sentence without parole. Camacho pleaded guilty to being an accomplice to capital murder and also was sentenced to life in prison without parole. Camacho didn’t file a direct appeal of his case to the Arkansas Supreme Court, but later filed a federal appeal that was ruled to have been time-barred because it was filed 18 days past the deadline. The 8th U.S. Circuit Court of Appeals ruled in January 2015 that Camacho’s appeal was filed in time because the lower court miscalculated the filing period. Prisoners generally have one year to file federal appeals. For state prisoners, that period begins on the date the judgment becomes final. In Camacho’s case, the judgment became final on the expiration date for filing a state appeal. The case was remanded for further proceedings. U. S. District Judge Tim Brooks on Tuesday adopted a magistrate judge’s report and recommendation concerning the case. The report found no validity to Camacho’s claims and recommended dismissal of the appeal. The recommendation leaves open the possibility Camacho could appeal one part of the ruling that dealt with whether his trial attorneys did enough to determine if Camacho was mentally competent to stand trial. The report noted now-retired Benton County Circuit Judge Tom Keith correctly ruled a loaded handgun found in a backpack in the back seat of Francis’ pickup wasn’t admissible as evidence in the case. Camacho argued his conviction should be vacated because physical and mental health issues at the time of the plea agreement in Benton County Circuit Court prevented him from fully helping with his defense. He also argued he should have had a Spanish- language translator present at his change-of-plea hearing. Translators had been present at some prior meetings with his attorneys, according to the petition. The report and recommendation rejected those arguments.

Camacho