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

  • On March 11, 2009, Gary Holmes was shot and killed at BJ’s convenience store; the shooter wore a black hoodie and a ski mask and fired into the store from the front door.
  • Surveillance and multiple witnesses observed the shooting; 15 shots were fired and other patrons were injured.
  • Dontia Bullard saw a red car near an alley, observed a man he knew as “Grimey” (identified at trial as Jones) walk toward BJ’s, and after gunfire saw that man return to the red car carrying a gun and a ski mask.
  • Tysheonna Anthony and other passengers testified Jones was upset after an earlier encounter at BJ’s, possessed a gun and ski mask, switched into a red car with Maxwell Griffey, later confessed to Anthony that he returned to BJ’s and shot two men, and burned his clothes afterward.
  • The defense presented one witness who briefly pursued the shooter and saw the shooter run away in a different direction; 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 grounds as to identity of the shooter.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to identify Jones as the shooter State: Bullard's and Anthony's testimony, plus corroborating post-shooting conduct (burned clothes, gun, mask) sufficed to prove identity beyond a reasonable doubt Jones: witness testimony was uncorroborated or contradicted; evidence insufficient to establish identity beyond a reasonable doubt Affirmed: viewed in light most favorable to prosecution, a rational juror could find Jones was the shooter beyond a reasonable doubt

Key Cases Cited

  • State v. Olbricht, 294 Neb. 974 (Neb. 2016) (standard for reviewing sufficiency of the evidence in criminal convictions)
  • State v. Rocha, 295 Neb. 716 (Neb. 2017) (appellate courts do not reweigh evidence or resolve 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.