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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 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)
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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.