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Jones v. State

The defendant broke down the victim's door, caused more than $13K in damage to her home and threatened to hurt and kill her.

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A jury found Brandon Jones guilty of burglary, two counts of making a terroristic threat, and hindering a law enforcement officer. Jones appeals and contends that insufficient evidence supports his burglary and terroristic threats convictions. For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, the record shows that the victim was at home alone when she heard someone yell “woo” outside. She called her sister, asked her to come, and then dialed 911 but did not hit send. The victim heard glass breaking and her “door coming down” while she was in the hallway of her home. Jones then came around a corner and stood “face to face” with the victim. She told Jones to get out of her house, and he replied that someone was after him and he needed help. When the victim “called 911,” Jones told her “he was going to hurt me and kill me.” The victim ran to her room and locked the door. The victim then talked with a 911 operator while Jones tried to kick down the bedroom door. When the victim told him to leave her alone, he replied that his name was Lamar Jones and that he was a Bartow County Sheriff. The victim then heard glass breaking in an adjacent bedroom. The victim remained in the bedroom until the police arrived and apprehended Jones.

1. Jones contends insufficient evidence supports his burglary conviction. The State charged Jones with committing burglary by entering “without authority and with the intent to commit criminal damage to property in the second degree therein.” See OCGA § 16-7-1 a 1. Criminal damage to property in the second degree is defined as intentionally damaging another’s property in an amount exceeding $500. OCGA § 16-7-23. Jones contends the State presented insufficient evidence of his intent to cause criminal damage when he entered the victim’s home based on his testimony that he entered the home to seek shelter.

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