People of Michigan v. Cary Edward Jones
330767
| Mich. Ct. App. | Feb 23, 2017Background
- Defendant Cary Edward Jones lived at and worked in a daycare run from his girlfriend’s Three Rivers home; five children who attended the daycare were molested over a multi-year period.
- Charges: six counts of second-degree criminal sexual conduct (CSC II) and two counts of accosting a child for an immoral purpose.
- Trial: jury convicted on all counts; defendant sentenced as a third-offense habitual offender to lengthy prison terms.
- Procedural posture: defendant appealed, arguing ineffective assistance for failing to seek severance of joined charges and challenging scoring of Offense Variable 9 (OV 9) for one count.
- Trial court had admitted evidence of defendant’s acts against multiple minors under MCL 768.27a; the Court of Appeals reviewed joinder/ineffective-assistance for errors apparent on the record and reviewed statutory/OV scoring de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not seeking severance of multiple offenses | Joinder was proper; evidence of scheme was admissible and no prejudice | Failure to move severance was deficient; offenses spanned years and multiple victims so severance was required | Not ineffective: joinder was proper because offenses were related as part of an ongoing scheme; no reasonable probability of different outcome |
| Whether charges were improperly joined | Prosecutor: offenses were related (series of connected acts/parts of a single scheme) | Defendant: offenses spanned 2011–2015 and involved different children, so joinder caused prejudice | Joinder proper under MCR 6.120 and Williams/Gaines line — acts were ongoing and related; trial court did not abuse discretion |
| Whether OV 9 was incorrectly scored at 10 points for Count 7 (EW) | State: OV 9 counts each person placed in danger during sentencing offense; potential other victims in home support 10 points | Defendant: only EW was placed in danger during that incident, so OV 9 should be 0 for that count | Affirmed: record supports inference other children were placed in danger (analogous to Waclawski), so OV 9 properly scored at 10 points |
| Whether evidence of other offenses was improperly considered at trial | State: MCL 768.27a permits admission of other listed-offense evidence against minors for relevance | Defendant: cross-use of other victims’ allegations prejudiced jury | Court held admission proper under MCL 768.27a; evidence would have been admissible in separate trials, so no undue prejudice |
Key Cases Cited
- People v. Williams, 483 Mich 226 (related-offense joinder requires finding offenses are parts of an overall scheme)
- People v. Gaines, 306 Mich App 289 (joinder permissible where defendant engaged in ongoing acts targeting multiple victims)
- People v. Waclawski, 286 Mich App 634 (OV 9 scored at 10 points where defendant chose victims while others were present)
- People v. Phelps, 288 Mich App 123 (OV 9 improperly scored where only one victim was placed in danger)
- People v. Carines, 460 Mich 750 (plain-error standard for unpreserved claims)
- People v. Sabin, 242 Mich App 656 (effective-assistance standard and prejudice requirement)