Jones v. State

334 So.3d 108

Janarious Mekall JONES

v.STATE of Mississippi

NO. 2021-KA-00275-SCT

Supreme Court of Mississippi.

March 3, 2022

ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN T. COOK, GEORGE T. HOLMES, Jackson

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA BYRD, Jackson

BEFORE KING, P.J., CHAMBERLIN AND ISHEE, JJ.

CHAMBERLIN, JUSTICE, FOR THE COURT:

¶1. The Grand Jury of Scott County indicted Janarious Jones for first-degree murder pursuant to Mississippi Code Section 97-3-19(1)(a) (Rev. 2020). Following a trial in Circuit Court of Scott County, the jury convicted Jones of manslaughter pursuant to Mississippi Code Section 97-3-35 (Rev. 2020). Jones was then sentenced to prison for a term of twenty years, with five years suspended. After denial of his post-trial motions, Jones appealed, arguing that (1) the circuit court erred by not requiring the jury to specify which theory of manslaughter the jury used to convict Jones; (2) the State presented insufficient evidence to support a heat-of-passion manslaughter conviction; and (3) the circuit court committed reversible error when it dispersed the jury for lunch. Finding no error, this Court affirms Jones's conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2. Kelvin Towner, Jr. (Junior), was eighteen years old at the time of the trial in October 2020. Junior testified that on December 14, 2017, he got into a fight with Ty McCurdy at Mark Wilson's house over a pair pants that Junior believed were stolen. The next day, after Junior returned home from school around 3:30 p.m., Junior found his father, Kelvin Towner, Sr. (Calvin), waiting for him. At that time, Calvin informed Junior that "them boys said they were gonna jump on [Junior] or something." In response, Junior suggested that he and his father retrieve their chicken box "down the road."¹

¶3. After their chat, Junior and Calvin went to get the chicken box. Calvin drove his vehicle, and Junior rode in the passenger seat. Junior testified that while en route to get the chicken box, Junior saw McCurdy, Jones, and about five or six other young people standing outside Wilson's house. According to Junior, Jones approached the vehicle as Junior and Calvin rode by. After Junior and Calvin retrieved the chicken box, they made their way back home.

¶4. On their way home, as Junior and Calvin approached Wilson's house the second time, Junior saw Jones holding a handgun. Junior testified that Calvin reacted by grabbing a shotgun from the backseat of the vehicle and placing it in his lap. Calvin then slowed the vehicle down and opened his door. The next thing Junior remembers was Jones shooting. Junior testified that Jones's first shot missed but that the second shot hit Calvin. Junior testified that, after the shooting, everyone started running. Junior then saw his father lean back in his seat. Junior testified that he threw the shotgun outside the vehicle, jumped on his father's lap and drove away.²

¶5. Cornelius Patrick also testified at Jones's trial. On the day of the shooting, Patrick was driving home from work but stopped at Wilson's house when he saw Jones standing beside the road. Patrick stated that he knew Jones and that he was related to him. Patrick acknowledged the "40-degree weather" that December day and testified that Jones was just standing on the side of the road with no shirt on. According to Patrick, Jones "was mad, he was angry. You could see it." Patrick further testified that when he arrived, Jones was pacing and not talking.

¶6. Patrick testified that he initially did not see Jones with a gun. Later, however, Patrick noticed that Jones had somehow obtained Patrick's gun that Patrick kept on the floorboard of his vehicle. Patrick testified that he wanted to retrieve the gun from Jones but he never could because Jones "was angry."

¶7. Patrick testified that he then saw Calvin's vehicle "coming back through" and head toward the Towners’ home. Patrick noticed that as Calvin's vehicle approached this second time, it slowed down and that Calvin opened his door. According to Patrick, he saw Jones point the gun toward Calvin's vehicle. Patrick then heard gunshots, but he never saw anyone shoot because he had turned away. Patrick testified that he did not see anyone else at the Wilson house with a gun.

¶8. After the gunshots, Patrick testified that he heard someone say, "He's shot. He's shot in the head." According to Patrick, he then saw Calvin's vehicle travel down the road and said that "it was swerving like maybe somebody on the passenger side was, you know, trying to steer it because it was going all over and almost went off the road and came back over." Patrick also saw Jones run away.

¶9. Patrick testified that his brother, who had been with him during this time, picked up shell casings from the scene. Law enforcement later asked Patrick for his gun. Patrick testified that he did not have the gun at that time but that Maurice Jones had the gun. Patrick testified that he went and retrieved the gun from Maurice and gave the gun and the shell casings to law enforcement.

¶10. Willie Wilson lived close to the house of Mark Wilson. On the afternoon of the incident, Willie testified that he saw Junior and Calvin drive by, and he then heard gunshots. After hearing the gunshots, Willie went to Mark Wilson's house to investigate. Willie testified that, initially, he did not know if anyone was hurt—because he did not see the shooting—but he soon learned that Calvin was "on the side of the road here, dead." Willie said that he saw a shotgun lying in the middle of the road.

¶11. After the shooting, Willie called Deputy Michael Holifield and reported what had just happened. Deputy Holifield instructed Willie to stand by the gun and to make sure it did not move, which Willie did. Before any officers arrived, however, Willie testified that Jones came to him from the bushes near Willie's sister's house. Willie testified that he told Jones that Calvin was dead. According to Willie, Jones then appeared "upset." Willie saw Jones throw a cell phone and run around the area chanting "Kill me. Kill me."

¶12. Deputy Michael McCarty of the Scott County Sheriff's Office was dispatched and was the first law enforcement officer to arrive on the scene. Deputy McCarty testified that he saw people crowding around a vehicle near the scene of the incident. Deputy McCarty continued that after he ordered everyone to clear the vicinity of the vehicle, he discovered a deceased African-American male inside the vehicle with a gunshot wound to his head. This person was later identified as Calvin.³

¶13. Another officer, Deputy Bryant Creel, also of the Scott County Sheriff's Office, responded to the scene. Deputy Creel testified that he had been made aware that Jones was the shooter and that, when he arrived, Jones approached him. According to Deputy Creel, Jones had blood on him and was scratched up badly.

Deputy Creel learned from Jones that Jones's injuries were from "briars in a bush." Deputy Creel then called for medical help to treat Jones's injuries. At that time, Deputy Creel did not place Jones under arrest but, instead, merely detained Jones. Medical help arrived and transported Jones away from the scene to a hospital. Jones was later taken into custody after receiving treatment.

¶14. Investigator Donald Simpson of the Scott County Sheriff's Office arrived on the scene to gather information and to collect evidence. Investigator Simpson took photographs and obtained contact information from witnesses. Later, after Jones was arrested, Investigator Simpson interviewed Jones.

¶15. Before his interview, Jones was advised of his Miranda⁴ rights, which he waived. Jones then gave an oral statement. Investigator Simpson testified that after Jones gave his oral statement, Jones also gave a written statement that was dictated by another officer. Jones's written statement, read into the record, is as follows:

We were sitting in Mark Wilson's yard today, 12/15/17, Friday, about 2:50 p.m. Calvin Towner drove up in his Impala. He rolled in the yard and he was upset about his son. I told Calvin that his son, Junior Towner, had gotten in a fight with Ty Mccurdy. Calvin Towner told me and Ty that if they fight, he was going to shoot up everybody. I saw the bus come down, and I saw Calvin come back in his white Dodge truck. Junior Towner got in the truck with his dad. I saw the butt of a shotgun in the truck. Everybody pointed at a pistol and looked at me. I picked up the pistol and had the gun beside my leg. Calvin stuck the shotgun out the window. I raised the pistol and fired three shots. I thought I was shooting high. After shooting I dropped the pistol and took off—dropped the pistol and took off running in the woods. I sat in the woods for a while and heard someone say Calvin was dead. I came out of the woods, and I flagged down the police and sat down beside the roadway. I don't know where the pistol I shot and dropped went—went to. I just dropped and run.

According to Investigator Simpson, there were a few pieces of the oral statement that were missing in the written statement. Investigator Simpson testified that Jones stated orally that Calvin had "disrespected" Jones and that Calvin had to answer for that. Investigator Simpson testified that Jones had also said that he knew Calvin wanted to shoot Jones; however, Jones never stated that Calvin fired a shot.

¶16. At trial, Jones also testified in his own defense. On the morning of the incident, Jones said that Calvin drove up to Jones's house. According to Jones, Calvin thought Jones was involved in the prior fight over the stolen pants, but Jones testified that he told Calvin he was not involved. Jones testified that Calvin still threatened Jones despite Jones's explanation.

¶17. Later that day, Jones testified that he saw Calvin drive by the Wilson house and that Calvin was holding a shotgun. Before Calvin returned the second time, Jones testified that he...