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Jones v. State

February 10, 1998

FREDRICK LEE JONES A/K/A "FRED, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



DATE OF JUDGMENT: 02/16/96 TRIAL JUDGE: HON. JOHN LESLIE HATCHER COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

ATTORNEY FOR APPELLANT: ALLAN D. SHACKELFORD ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS DISTRICT ATTORNEY: MELLEN, LAWRENCE Y. MELLEN

TRIAL COURT DISPOSITION: CT'S 1 & 2 AGGRAVATED ASSAULT: CT'S 1 & 2 LIFE IMPRISONMENT; SENTENCE SHALL NOT BE REDUCED, SUSPENDED NOR ELIGIBLE FOR PAROLE OR PROBATION; CT 1 SERVED CONCURRENTLY WITH CT 2; CT 1 CONSECUTIVE TO ANY PREVIOUSLY IMPOSED SENTENCES

Before Bridges, C.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

NATURE OF THE CASE: CRIMINAL - FELONY

Jones was indicted, tried, and convicted of two counts of aggravated assault in the Coahoma County Circuit Court. He was sentenced to serve a term of life imprisonment as a habitual offender in the custody of the Mississippi Department of Corrections on both counts. Jones was arrested after firing gunshots at an occupied vehicle in the parking lot of a nightclub and at several people at an apartment complex in Clarksdale, Mississippi. At trial he claimed that he did not do it, and that there was no way anyone could have identified him as the shooter. On appeal Jones presents the following issues:

I. DEFENDANT'S RIGHT TO COMPULSORY PROCESS FOR WITNESSES WAS VIOLATED.

II. THE VERDICT IS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

Finding no error, we affirm.

FACTS

On the night of August 8, 1995, Jones and a number of his fellow gang members were hanging out at the Lean Mean Disco Club in Clarksdale, Mississippi. Jones is a member of the Vice Lords. Also at the club that night were members of a rival gang, the Black Gangster Disciples (B.G.D.). Andrez Maiden, a B.G.D., had several passengers in his car when he pulled up in front of the club. Jones and a fellow gang member began arguing with Maiden and the occupants of his car. As Maiden tried to leave the premises and pulled away, Jones fired several shots that hit the car. Andrew Hampton was standing in the parking lot of the Lean Mean when the argument erupted and saw Jones firing a gun at Maiden's car as it pulled away. Herman Jackson, another bystander also saw Jones open fire on Maiden's car as it pulled away.

Maiden and his passengers escaped injury at the Lean Mean and proceeded to the Wade Walton apartment complex where several of them lived. J. R. Vaughn, a passenger in Maiden's car, was very shaken as he got out of the vehicle when it pulled into the apartment parking area. Three other cars entered the apartment area, made u-turns, and pulled back out. When Vaughn tried to enter his apartment, he heard gunfire and ran. As he ran, Vaughn turned around and saw Jones firing a gun at him.

Herman Jackson was with Jones and two others when they followed Maiden to the Wade Walton apartments. Jackson testified that he rode in the same car as Jones, and that they entered the apartments, made a u-turn, and parked at the front. Jones and Jackson got out of the car and Jones grabbed a shotgun. Jones proceeded to fire at Vaughn and Maiden. The shooting at the apartments occurred between eleven and eleven-thirty p.m. After the shooting, Jones, Jackson, and the others got back in the car and left the apartments. Jackson and Jones ended up back at the club where they stayed until one or one-thirty in the morning. Several hours later, ...


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