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State v. Jones
296 Neb. 494
| Neb. | 2017
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Background

  • On March 11, 2009, Gary Holmes was killed when an assailant wearing a black hoodie and ski mask fired multiple shots into BJ’s convenience store; another customer was seriously injured.
  • Witness Dontia Bullard saw a red car near an alley, observed a young man he knew as “Grimey” (alias for Jones) walk toward BJ’s, heard gunfire, and then saw that man return to the red car carrying a gun and ski mask.
  • Tysheonna Anthony (friend of Jones) and other occupants of a tan Cadillac testified Jones was angry after being stared at in BJ’s, proposed retaliatory violence, had a gun and ski mask, swapped into a red car with Maxwell Griffey, later confessed to Anthony that he returned to BJ’s and shot two men, showed her a 9-mm, and burned his clothes.
  • Other trial witnesses (Pace, Chatmon) corroborated the meeting of the two cars and that Jones left angry and rode off with Griffey in a red car; a mattress fire was reported near Jones’ mother’s apartment the same day.
  • The defense called Christopher Coddington, who described the shooter running northwest from BJ’s; Jones did not testify.
  • Jones was convicted of first-degree murder by a jury and sentenced to life imprisonment; he appealed solely on sufficiency of the evidence as to identity of the shooter.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to identify shooter State: Witness testimony (Bullard, Anthony, others) and circumstantial evidence sufficiently identify Jones as shooter Jones: Identification was not proved beyond a reasonable doubt; key testimony uncorroborated and contradicted by other evidence Affirmed: Viewing evidence most favorably to State, a rational juror could find Jones was shooter beyond a reasonable doubt

Key Cases Cited

  • State v. Olbricht, 294 Neb. 974 (appellate sufficiency-of-evidence standard)
  • State v. Rocha, 295 Neb. 716 (appellate review does not reweigh evidence or assess witness credibility)
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Case Details

Case Name: State v. Jones
Court Name: Nebraska Supreme Court
Date Published: Apr 21, 2017
Citation: 296 Neb. 494
Docket Number: S-16-754
Court Abbreviation: Neb.