Jones v. State
318 Ga. App. 26
Ga. Ct. App.2012Background
- Jones was convicted after a jury trial of six counts of aggravated assault with a deadly weapon and one count of participation in criminal street-gang activity.
- Evidence showed Jones and others fired at the victims’ SUV outside the Black Velvet Lounge in Macon, Georgia, wounding two occupants.
- Key witnesses included I.G. who implicated Jones and others as Bottomside Gangster Boys members; two passengers testified to a prior confrontation.
- Whisby admitted involvement but later claimed not to participate; the State introduced Whisby’s earlier statements to police.
- Jones and Iwo were jointly charged and tried; Adams, Iwo, Whisby, and Jones were alleged to act as a gang unit, with a single indictment for all counts.
- The trial court admitted and excluded certain testimony and statements, and Jones sought severance, which the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Jones argues evidence insufficient | Jones asserts credibility issues undermine proof | Sufficient evidence supported each count |
| Admissibility of telephone-conversation testimony | I.G. telephone statements should be admitted | Cannot authenticate speakers; hearsay | Court did not err in excluding telephone-conversation testimony |
| Motive for witness testimony charge | Request to instruct on witness motive should be given | Charge unnecessary; credibility instruction adequate | Trial court did not err; credibility charge sufficed |
| Mere presence and aiding and abetting charges | Requests on mere presence and aiding and abetting should be charged | Charges adequately covered by pattern jury instructions | Charges were adequately covered by court’s instructions |
| Pre-trial severance denial | Severance needed to avoid prejudice | Small number of defendants; defenses not antagonistic | No abuse of discretion in denying severance |
Key Cases Cited
- Patterson v. State, 287 Ga. App. 100 (Ga. Ct. App. 2007) (evidence lacking authentication in telephone conversations)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires rational jury verdict)
- Morey v. State, 312 Ga. App. 678 (Ga. Ct. App. 2011) (evidence of gang activity sufficient for conviction)
- Windhom v. State, 315 Ga. App. 855 (Ga. Ct. App. 2012) (credibility and motive instruction adequate)
- Lankford v. State, 295 Ga. App. 590 (Ga. Ct. App. 2009) (severance decisions limited when defendants jointly charged)