State v. Jones
894 N.W.2d 303
Neb.2017Background
- On March 11, 2009, Gary Holmes was shot and killed outside BJ’s convenience store; shooter fired through the front door from outside and fled; surveillance and witnesses observed the shooting.
- Dontia Bullard (nearby resident) saw a red car in an alley, observed a man (known as “Grimey,” identified as Jones) go toward BJ’s, heard gunshots, then saw that man return to the red car carrying a ski mask and a gun.
- Tysheonna Anthony (friend of Jones) testified Jones was angry after an earlier interaction at BJ’s, proposed shooting the men, possessed a gun and ski mask, changed clothes in an alley with Maxwell Griffey, later returned and confessed to shooting, burned his clothes, and showed her a 9-mm gun.
- Other witnesses (Pace, Chatmon) corroborated travel between cars, meeting in the alley, and Jones’ appearance and demeanor; a fire was reported near Jones’ mother’s apartment consistent with burned clothes.
- Jones did not testify; a defense witness described the shooter running away in a direction inconsistent with where Bullard located the red car but did not identify the shooter as Jones.
- Jury convicted Jones of first-degree murder; Jones appealed solely on insufficiency of evidence to identify him as the shooter. Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to identify Jones as shooter | State: eyewitness and accomplice testimony (Bullard saw Jones with gun and mask; Anthony testified Jones confessed and burned clothes) sufficiently identifies Jones | Jones: testimony was uncorroborated, contained inconsistencies, and other evidence contradicted identification; appellate court should reverse | Affirmed: viewed in light most favorable to State, a rational jury could find Jones was the shooter beyond a reasonable doubt |
Key Cases Cited
- State v. Olbricht, 294 Neb. 974, 885 N.W.2d 699 (2016) (standard for reviewing sufficiency of evidence in criminal convictions)
- State v. Rocha, 295 Neb. 716, 890 N.W.2d 178 (2017) (appellate court will not reweigh evidence or judge witness credibility)