Jones v. State

10 S.W.3d 449, 340 Ark. 390, 2000 Ark. LEXIS 68
Supreme Court of Arkansas·Decided February 17, 2000·No. CR 99-630·Published·Cited by 60 cases

Opinion

TOM GLAZE, Justice.

Larry Jones was convicted on three counts of capital murder for the deaths of his wife, Sandra Jones, and her two sons, Courtney Jones, 17, and Daron Davis, 10. For his wife’s murder, Jones was sentenced to life in prison without possibility of parole; for the murders of the two boys, Jones received two sentences of death by lethal injection. We take jurisdiction pursuant to Ark. Sup. Ct. R. 1-2 (a) (2). On appeal, Jones raises seven points for reversal, but because we find that none of them has merit, we affirm.

Because Jones does not challenge the sufficiency of the evidence, we summarize the facts briefly. Sandra Jones spent the evening of April 10, 1998, at the house of her brother-in-law, Gary Jones, visiting and drinking with several friends. She left for home shortly after 10:30 that night. About two hours later, Larry Jones showed up at Gary’s house; Larry told his brother he had “just killed all three of them.” Larry asked his brother to come back to his house with him and to provide him with an alibi. On the way back to Larry’s house, he told Gary that Sandra had come home and taken a bath; while she was bathing, he claimed he inspected her underwear and found “some discharge” in them.

Larry Jones later gave the police a different story, stating Sandra came into the bedroom, woke him up, and told him that she wanted to break up with him. When he asked why, she allegedly said that she had been unfaithful to him and threw a pair of panties in his face. During their conversation, Jones had been “fixing on” a stack of videotapes with a butterfly knife. As Sandra continued to taunt him about her infidelity, Jones said, he hit her. “I thought I was hitting her with my right hand ... the hand I had my butterfly knife in. I hit her twice. I thought I was hitting her in the face area, but it turned out that I hit her twice in the neck.” Sandra died of a single slicing stab wound that penetrated four and a half inches through her neck.

Jones further claimed that the two boys came in while he and Sandra were fighting and that he only swung at them to push them away from him. Courtney died in the kitchen, having been struck twice with the knife; his right carotid artery was severed with a blow that sliced approximately four and three-eighths inches through his neck. Daron, whose body was found on the floor next to his bed in the front bedroom, sustained four wounds; his jugular vein was cut, and the muscles that supported his larynx were severed. Gary Jones later testified that it looked like “his throat was almost cut off.”

Larry Jones opened a window in a back bedroom, and then called the police to report that someone had broken into his house and murdered his family. When the police arrived, Gary Jones told them that his brother had confessed to the killings. Larry was arrested, given his Miranda warnings, and taken to the police station.

Following a jury trial in February of 1999, Jones was convicted on all three counts of capital murder. The jury found that four aggravating circumstances existed and no mitigating factors were present; thus, they sentenced Jones to death for the murders of Courtney Jones and Daron Davis and to life in prison for the murder of Sandra Jones.

For his first point on appeal, Jones argues that the trial court erred in granting the prosecutor’s motion to suppress evidence that an autopsy report showed Sandra Jones to have cocaine in her bloodstream. In its motion, the State asserted that the finding of cocaine was not relevant to the cause of death, and would be extremely prejudicial. The defense responded that the evidence could be probative of the issue of whether or not Sandra was likely to have provoked Jones to react as he did. The trial court granted the motion before the trial began, agreeing that the cocaine evidence would be more prejudicial than probative, and noting that there was nothing to show that the cocaine had anything to do with the confrontation. However, the court said that if, during the trial, any proof to that effect was shown, he would reconsider his ruling.

No such proof was adduced at trial, and as the court considered the likely effect that the evidence would have on the jury, it reiterated several times that it would be highly prejudicial. The court offered Jones the opportunity to introduce the less inflammatory evidence that Sandra had a blood-alcohol content of .13% in order to support his theory that she was acting aggressively and provoked him; however, he declined to do so.

Although all relevant evidence is admissible, Ark. R. Evid. 402, even relevant evidence can be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or confusion of the issues. Ark. R. Evid. 403; Smith v. State, 33 Ark. App. 37, 801 S.W.2d 655 (1990). Trial courts have broad discretion in deciding evidentiary issues, including the admissibility of evidence under Rule 403, and those decisions will not be reversed absent an abuse of discretion. Williams v. State, 338 Ark. 97, 991 S.W.2d 565 (1999).

In this instance, we can find no abuse of discretion in the trial court’s decision. No evidence was ever introduced to show that the cocaine was linked to the murder. Indeed, it was Sandra’s alleged infidelity, not her use of cocaine, that led to the altercation between her and Jones. Because the defense was unable to show that the cocaine use prompted the killing, the trial court did not err in ruling that the probative value of the evidence was far outweighed by its prejudicial nature.

The defense also attempted to introduce the cocaine usage in response to the prosecution’s introduction of character evidence. During the trial, when the last of three witnesses testified that Sandra was a “good, sweet, nice person,” Jones finally objected to such testimony and asked to be allowed to cross-examine the witness about the cocaine. The trial court sustained the objection and refused to permit this line of questioning, admonishing the prosecutor that he was putting Sandra’s character into issue. While Jones argued that the State had “opened the door” to allowing the cocaine evidence, the trial court stood on its earlier ruling that the probative value of this evidence was outweighed by the danger of prejudice.

On this point, we first note that Jones did not object to the first two witnesses who testified as to Sandra’s character. We have frequently held that a contemporaneous objection must be made to the trial court before we will review an alleged error on appeal. State v. Donahue, 334 Ark. 429, 978 S.W.2d 748 (1998). Thus, this argument is procedurally barred.

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Jones v. State, 10 S.W.3d 449, 340 Ark. 390, 2000 Ark. LEXIS 68 (Ark. 2000).

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