United States v. Calvin Jones

554 F. App'x 460
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 11, 2014
Docket11-2542
StatusUnpublished
Cited by3 cases

This text of 554 F. App'x 460 (United States v. Calvin Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Calvin Jones, 554 F. App'x 460 (6th Cir. 2014).

Opinions

ROGERS, Circuit Judge.

Calvin Jones was convicted under 18 U.S.C. § 844(i) for participating in an ar[462]*462son with Samson Wright. The issue at trial was whether Wright coerced Jones into participating. The district court gave a jury instruction regarding duress, but the court limited Jones’s ability to introduce evidence supporting his fear of Wright. Because one of the issues for the jury was whether Jones reasonably believed there was a present, imminent, and immediate threat by Wright of death or serious bodily injury, the district court should have permitted Jones to testify regarding his knowledge of Wright’s prior assaults and reputation for violence to inform the jury about why Jones may have been in fear of Wright. Because we cannot say with fair assurance that the judgment was not substantially swayed by the error, the district court’s decision not to allow Jones to explain his alleged fear requires reversal.

I.

On Friday, August 13, 2010, a store at 13147 East Jefferson Avenue, Detroit, Michigan burned down, engulfing three neighboring businesses. Seven firefighters were injured fighting the fire. The events that led to the fire began the day before, when the owner of the store hired Samson Wright to burn down the store for insurance money. Calvin Jones lived down the block from the store and was known to work on cars in his yard. Jones’s first involvement in the arson was when he lent Frederick McKinney a chisel and a hammer that were eventually used to loosen bricks from the wall of the store to facilitate the arson. According to Jones, he did not know what the tools were being used for, but he knew that the tools would be used by Wright.

Later that day, Wright borrowed a ladder from someone else and bought a five-gallon gas can. Wright left the ladder and the gas can on Jones’s porch. Around dusk, Wright and four friends made their first attempt at the arson. They carried the ladder and gas can to the store, and McKinney climbed the ladder and removed the loose bricks from the wall. Their plan was to use a funnel and a water hose to pour gasoline into the store; however the group abandoned the plan once they became concerned that a security guard from a nearby condominium complex could have seen them. They then carried the ladder and the gas can back to Jones’s house.

The central dispute at the trial was what occurred next. According to Wright, Jones volunteered to help with the arson. Wright testified that after he returned to Jones’s house with the group, Jones came out of his house and asked what happened. After learning what happened, Jones said that Wright should have sought his help with the arson in the first place. According to Wright, he had not asked Jones to be involved, but Jones had overheard Wright talking about the arson with the other four participants. Wright testified that he agreed to work with Jones on the arson and that Jones suggested that they use plastic water bottles to put the gasoline behind the store’s brick wall, rather than following Wright’s earlier plan of using a funnel and a water hose. Wright testified that he never threatened Jones or forced Jones to do anything related to the arson.

Jones gave a different account of the events. According to Jones, after the failed attempt to light the fire, Wright came back to Jones’s house where Jones was sleeping on the couch with his girlfriend. Wright knocked on the door and Jones answered it, stepping out of the house to talk to Wright. According to Jones, Wright offered to forgive a $200 debt that Jones owed to Wright if Jones would assist him with the arson. Jones rejected this offer. Wright then laid out [463]*463three options: Jones had to immediately pay Wright back the $200 that he owed him, assist Wright with the arson, or be shot. According to Jones, Wright then pulled a pistol out of his pocket. Jones testified that he said, “I ain’t worried about you shooting me because [my girlfriend is] in the house and she know I’m outside with you, so I ain’t worried about you shooting me.” Trial Tr. vol. 5, July 6, 2011, 485-89. According to Jones, Wright then threatened to burn down Jones’s house with Jones’s girlfriend and brother inside and then burn down Jones’s girlfriend’s house. Jones appears not to have taken this threat seriously because Jones replied, “go with that, ‘cause I’m not fixin’ to do nothing.” Id. at 489. Jones then watched from his porch as Wright crossed the street and went into an area with overgrown plants. Wright returned with a gas can and began pouring gasoline around the base of the house and on the back porch, threatening “you don’t believe me[?]” and flicking a lighter. Jones testified that at that point he said “hold on” and agreed to help Wright, who had the idea to use the water bottles filled with gasoline. Id. at 492-93.

Wright and Jones filled the water bottles with gasoline and carried the bottles and the ladder back to the store. Jones held the ladder while Wright threw the bottles through the hole that McKinney had created earlier. Wright then started the fire, and they walked back to Jones’s house as fire was shooting from the hole. After returning to his house, Wright asked Jones to drive him to the gas station. Jones drove Wright to the gas station where they purchased food. On the way back to Jones’s house, as they were driving by the fire, Jones says that Wright told him that he would give him $200 in the morning and another $5000 once the insurance proceeds arrived. Jones claims he told Wright that he did not want any money.

The fire destroyed three other businesses, and seven firefighters were injured while fighting the fire. Based on a tip, officers arrested Wright on August 17, 2010 and charged him with arson. Although he initially denied participating in the arson, he admitted to it on August 20, 2010 and implicated Jones. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) interviewed Jones on August 18 and 19. Jones denied any involvement.

Officers arrested Jones on October 8, 2010. At that point, Jones admitted going with Wright to the store, but denied participating in the arson and did not mention that Wright forced him to participate in the arson. On November 30, 2010, during Jones’s fourth interview with the ATF agents, Jones first told the agents about Wright’s alleged threats.

Jones says he did not tell the agents earlier because he still feared that Wright would kill Jones or his girlfriend, or burn down his girlfriend’s house. Even after Wright was arrested, Jones said he stayed silent because he thought that Wright may have told the owner of the store or someone else to hurt Jones or his family if Jones went to the police. However, once Jones’s girlfriend decided to move, Jones decided to write a letter to his attorney telling about his participation in the arson and asking for his attorney to contact the ATF and the U.S. Attorney’s office.

Jones’s trial strategy was to focus on an affirmative defense of duress. Jones sought to introduce pieces of evidence explaining why Jones would fear Wright. The present appeal centers around eviden-tiary decisions by the district court.

Before the trial, the Government filed a motion in limine to preclude Jones from [464]*464making a duress defense.

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554 F. App'x 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-calvin-jones-ca6-2014.