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