State v. Jones
296 Neb. 494
| Neb. | 2017Background
- On March 11, 2009, Gary Holmes was fatally shot by a masked shooter who fired into BJ’s convenience store from the doorway; multiple shots struck Holmes and another customer.
- Witness Dontia Bullard saw a young man he knew as “Grimey” (identified at trial as Jones) walk toward BJ’s, then return to a red car carrying a gun and a ski mask shortly after hearing gunshots.
- Tysheonna Anthony and other passengers described Jones as angry after an earlier encounter at BJ’s, saw him with a gun and ski mask, observed him change clothes with Maxwell Griffey, and testified Jones later confessed to returning to BJ’s and shooting two men, then burned his clothes.
- Additional witnesses corroborated meeting of the two cars and the presence of Jones; fire records and a resident’s testimony corroborated a smoldering mattress fire at the apartment complex minutes after the shooting.
- Jones did not testify; his sole trial witness provided a different direction of the fleeing shooter. The jury convicted Jones of first-degree murder and the district court sentenced him to life imprisonment. Jones appealed only on sufficiency of the evidence to identify him as the shooter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence identifying the shooter | State: Witness testimony (Anthony, Bullard) and corroborating physical and circumstantial evidence sufficiently identify Jones as shooter | Jones: Witnesses’ accounts were uncorroborated, conflicting, and insufficient to prove identity beyond reasonable doubt; asks court to reweigh evidence | Affirmed: Viewing evidence favorably to State, a rational trier of fact could find Jones was the shooter beyond a reasonable doubt |
Key Cases Cited
- State v. Olbricht, 294 Neb. 974 (Neb. 2016) (articulates standard for reviewing sufficiency of evidence in criminal convictions)
- State v. Rocha, 295 Neb. 716 (Neb. 2017) (appellate courts do not resolve credibility contests or reweigh evidence)
