Jones v. State

A jury found Kenneth Jones guilty of aggravated assault by waving knives at his brother and simple assault by swinging his fists at his mother. Jones appeals, alleging the trial court erred in allowing the state to present evidence of his prior drug use and erred in instructing the jury to believe the witness “best entitled to belief.” We find no error and affirm Jones’ convictions. Viewed in a light most favorable to support the jury’s verdict, the evidence shows that Jones’ mother asked him to leave the house “several times, over and over and over because of the things that he did.” On the day of the incident, Jones was not welcome in the house. When his mother told him to leave the house, he got “real ugly and mean.” He balled up his fist and came toward her, cussing and acting “out of control.” When Jones’ brother came into the kitchen, Jones “got the knives out off from on the counter top and all, and he started at Walter with the knives.” Jones waived the knives at his brother and told his brother he was going to kill him.

Jones’ mother explained her history of prior difficulties with Jones, including the fact that he is over forty years old and fails to help pay for anything, that he quit his job, that he abuses drugs, and that he has repeatedly stolen from her. The state introduced certified copies of Jones’ criminal convictions for stealing from his mother and damaging her house. These convictions included theft by taking, burglary, entering an automobile and criminal trespass. Jones’ brother testified that Jones has stolen money and clothes from him and has used cocaine in their mother’s house.