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Jones v. State

The defendant fatally shot the unarmed victim during a drug transaction.

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Appellant Dexter Jones, who was convicted of felony murder and other crimes in connection with the shooting death of Kenny Johnson, appeals the trial court’s denial of his motion for new trial. In his only enumeration of error, Appellant contends that his trial counsel provided ineffective assistance by failing to emphasize certain testimony from the State’s crime scene investigator in support of a claim of self-defense. We affirm.1

1. Viewed in the light most favorable to the verdict, the evidence presented at trial showed the following. On December 19, 2010, Appellant contacted his cousin Calvin Curtis about buying some marijuana. Curtis passed along the request to his cousin Jatheus Bennett, who arranged for Appellant to buy the marijuana from Johnson. That night, Appellant drove Curtis and Bennett to meet Johnson. Johnson arrived on an ATV, carrying a bag of marijuana. During the transaction, Appellant questioned the weight of the marijuana and asked Johnson for a scale. Johnson offered to retrieve a scale that he had at his house and began to walk toward his ATV, putting his hands into the pocket of his sweatshirt. Appellant then pulled out a gun and fired several shots at Johnson, continuing to fire even after Johnson fell backwards; two shots hit Johnson in the chest. Appellant, Curtis, and Bennett then fled the scene, taking the marijuana. Johnson was taken to the hospital, where he died during surgery.

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