State v. Jones
2015 Ohio 5029
Ohio Ct. App.2015Background
- Deangelo Jones was convicted in Butler County Court of Common Pleas of reckless homicide with a firearm specification, along with tampering with evidence and possessing a defaced firearm (Case No. CR2014-09-1435).
- Indictment alleged Jones shot his girlfriend in the face with a .38 revolver on September 6, 2014, threw the gun into the Miami River to conceal it, and possessed a defaced firearm.
- A two-day jury trial occurred in January 2015; Jones did not testify or present witnesses, but excerpts of his videotaped interviews were played during detective examination, in which he claimed the gunshot was accidental.
- Autopsy determined the victim died of a gunshot wound to the face; the gun was fired at a distance of 10–24 inches, and the manner of death was undetermined among homicide, suicide, or accident.
- The jury was instructed on involuntary manslaughter, the lesser included offense of reckless homicide, and accident; Jones was found guilty on all counts and sentenced to nine years’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accident instruction adequacy | Jones urged a jury instruction using OJI for accident; argued it negates guilt. | Jones contends the court should have given accident definition emphasizing negation of guilt. | No abuse; instruction fair and accurate given the facts and indictment. |
| Admission of text messages | Text messages were probative of timeline and victim’s state of mind, not unfairly prejudicial. | Messages were unfairly prejudicial and confusing under Evid.R. 403(A). | Admission was proper; not unfairly prejudicial. |
| Manifest weight of the evidence | Evidence supported reckless homicide; DNA and credibility issues did not undermine verdict. | DNA and accident theory show the verdict weight against the evidence. | Conviction not against the manifest weight; evidence supports the jury’s verdict. |
Key Cases Cited
- State v. Standifer, 2012-Ohio-3132 (12th Dist. Warren 2012) (review of jury instruction for abuse of discretion)
- State v. Comen, 50 Ohio St.3d 206 (Ohio Supreme Court 1990) (instruction must be relevant to issues and defenses)
- State v. Jordan, 2009-Ohio-6152 (11th Dist. Lake 2009) (proposed jury instructions need not be verbatim)
- State v. Wyatt, 2011-Ohio-3427 (12th Dist. Butler 2011) (credibility and weight evaluation by a jury)
- State v. Crotts, 2004-Ohio-6550 (Ohio Supreme Court 2004) (Evid.R. 403 considerations and relevance)