Sir Christopher Lee Jones v. State of Indiana (mem. dec.)
49A02-1606-CR-1448
| Ind. Ct. App. | Jul 31, 2017Background
- On July 6, 2015, Gregory Moore witnessed a man (later identified as Lakim Mabry) shot in the head in the yard adjacent to Moore’s house; Moore had a clear, unobstructed view of the shooter’s face.
- Moore described the shooter as a Black male about 6'1"–6'2", lighter-skinned, with dreadlocks, who drove a blue Ford Explorer; he identified Sir Christopher Lee Jones from a photo array and again at trial, stating he was "100 percent" certain.
- Jones was charged with murder on July 7, 2015; he fled the area, cut his dreadlocks, obtained a new phone, and traveled to Colorado (sleeping on a park bench).
- Jones was arrested in Kansas on July 10, 2015; police recovered his phone but no firearm.
- At trial, the prosecutor referenced Moore’s "100 percent" certainty and used a 9/11 analogy during closing; Jones did not object at trial.
- The jury convicted Jones of murder; he was sentenced to 55 years and appealed raising prosecutorial misconduct and insufficiency of the evidence claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct (vouching by restating witness certainty) | State: Prosecutor merely reminded jury of Moore’s testimony about his own certainty. | Jones: Prosecutor impermissibly vouched for witness credibility by repeating "100 percent." | No misconduct; prosecutor commented on evidence-based credibility, not personal vouching. |
| Prosecutorial misconduct (9/11 analogy) | State: Analogy was a rhetorical device explaining why a traumatic event creates lasting memory. | Jones: Reference to 9/11 improperly bolstered witness credibility. | No error; analogy related to evidence and was permissible argument. |
| Admission/weight of eyewitness certainty testimony | State: Moore’s testimony about his confidence was properly admitted and tied to reliability. | Jones: Testimony quantifying certainty should not have been admitted or relied upon. | Waived or undeveloped; even on merits, testimony not improper given context. |
| Sufficiency of the evidence (identity as shooter) | State: Combined eyewitness ID, matching description, vehicle ID, Jones’s flight, and nervous behavior support conviction. | Jones: Discrepancies in Moore’s testimony and other evidence undermine ID. | Evidence sufficient; credibility/weight for jury to resolve; flight evidence admissible. |
Key Cases Cited
- Ryan v. State, 9 N.E.3d 663 (Ind. 2014) (standard for reviewing prosecutorial misconduct and fundamental error)
- Cooper v. State, 854 N.E.2d 831 (Ind. 2006) (prosecutor may comment on witness credibility when based on evidence)
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (affirming conviction if reasonable jury could find guilt beyond a reasonable doubt)
- Dill v. State, 741 N.E.2d 1230 (Ind. 2001) (flight and related conduct may be considered by a jury in determining guilt)