State v. Jones
296 Neb. 494
| Neb. | 2017Background
- On March 11, 2009, Gary Holmes was shot and killed outside BJ’s convenience store in Omaha; the shooter fired through the front door from outside, discharging about 15 rounds.
- Witness Dontia Bullard saw a red car in an alley, watched a man (known to him as “Grimey,” later identified as Jones) walk toward BJ’s, then heard gunshots and saw that man return to the red car carrying a gun and a ski mask.
- Tysheonna Anthony (a friend of Jones) testified Jones was angry after an earlier encounter at BJ’s, proposed shooting the two men, had a gun and ski mask, changed clothes in an alley 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.
- Additional witnesses (Pace, Chatmon) corroborated the meeting of cars, Jones’s agitation, and movements to the apartment complex; a mattress/garment fire was reported near the apartment about the time of the shooting.
- Jones did not testify; his defense witness described the shooter running northwest from BJ’s. The jury convicted Jones of first-degree murder and sentenced him to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence identifying Jones as the shooter | State: Witness testimony and Jones’s postshooting confession to Anthony establish identity | Jones: Witnesses’ testimony was uncorroborated and conflicted; identity not proven beyond a reasonable doubt | Affirmed: viewing evidence in prosecution’s favor, a rational trier of fact could find Jones was the shooter |
Key Cases Cited
- State v. Olbricht, 294 Neb. 974 (discussing sufficiency review standard in criminal cases)
- State v. Rocha, 295 Neb. 716 (noting appellate court must not reweigh evidence or assess witness credibility)
