Jones v. State

The trial court did not err in excluding evidence of the victim's violent threats to the defendant's family, because no evidence showed that the defendant's family communicated the threats to the defendant.

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Following a jury trial, Harvey Louis Jones, Sr. was convicted of aggravated assault1 and possession of a weapon during commission of a crime.2 Jones appeals, claiming that the trial court erred in excluding evidence of threats made by the victim against Jones and his family, and in failing to charge the jury on justification, defense of self and others, misapprehension of fact, and no duty to retreat. For the reasons that follow, we affirm. Viewed in the light most favorable to the verdict,3 the evidence shows that the victim left his house to ask Jones, who was driving his loud car up and down the road at 11:30 p.m., to “calm it down a little bit.” Jones responded that he was going to “kick the victim’s ass,” turned the car off, and put one leg out the door. The victim pinned the car door up against Jones, trapping Jones in place, and he told his girlfriend to call 911. According to the victim, Jones repeatedly threatened to kill him as they waited for the police to arrive. According to Jones, the victim pulled a knife out and put it to Jones’s throat.

Several weeks later, the victim, who was pushing his child’s stroller down the street, recognized Jones’s car. When the car stopped, Jones exited the passenger’s side of the car and yelled, “I told you I’m going to kill you.” Jones unsheathed a six to eight inch long knife. While the victim’s friend “grabbed the baby,” the victim began backing away from Jones, who ran up and began stabbing him in the side. As a result of his injuries, the victim lost his spleen, suffered a collapsed lung, and spent six days in the intensive care unit.

Jones v. State

The trial court did not err in excluding evidence of the victim's violent threats to the defendant's family, because no evidence showed that the defendant's family communicated the threats to the defendant.

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