.....Advertisement.....
.....Advertisement.....
Friday, August 29, 2008

Judge declares mistrial; Jones to be retried on robbery charges, but not murder

Judge Joey Showalter declared a mistrial in the case of James Jones II when a Radford jury was unable to come to an agreement for an unanimous decision on how to sentence Jones on his robbery conviction.

The jury had found James Jones II not guilty of capital murder and use of a firearm in the death of Ken Henry. Jurors did find Jones guilty of robbery, use of a firearm during that robbery and conspiracy to commit robbery.

Showalter said that the three charges of which he was convicted were so closely related that he felt like that they needed to be retried together, so he declared a mistrial. Jones will be retried on the three charges, but he cannot be charged again with murder.

Jones' attorney, Jimmy Turk, said he will request a bond hearing soon, and will ask that Jones' next trial be moved out of the city of Radford.

Jurors announced their verdict just before 10 this morning in Radford Circuit Court. Radord police officers lined the back wall of the courtroom just before the verdict was read.

The eight women and four men spent several hours Wednesday and all day Thursday in deliberations. Jurors will now hear evidence and be asked to recommend a sentence. Jones faces eight years to life.

Jones, 24, was charged with capital murder and the other crimes in connection with the fatal shooting of Henry on July 5, 2006. A neighbor called 911 after Henry, 39, was seen bleeding and yelling for help in the parking lot of the Davis Street apartment building where Jones’ then-fiancee, Kelly McKenzie Brubeck, lived.

Brubeck at first told police she shot Henry after he tried to rob her. She later said Jones shot him to rob him of money and drugs.

Jurors listened to five days of testimony in the case, including testimony from Brubeck and Jones. Each says the other shot Henry.

Brubeck is charged with second-degree murder in the case. A trial date for her has not been set.

.....Advertisement.....