Charles Village Court Watch

On October 31, 2011, Markell Shelton Jones murdered Freddie Jones Jr. (no relation) using a handgun as part of a robbery attempt at  Yau Brothers Chinese carryout at 2901 Greenmount Avenue.  Subsequently, his parents and grandfather saw a video of the incident taken by a security camera and released by police to local television, and they turned him in to police.

On May 13 of this year, Markell Jones plead guilty to first degree murder and to a handgun charge.  Under the plea deal, his sentence for murder was to be at most life with all but 50 years suspended and with 5 years probation upon his release.  His sentence for the handgun violation was to be 5 years without the possibility of parole and was to be concurrent with the murder sentence.  Here is a link to the press release issued then by the office of State's Attorney Greg Bernstein:
http://www.stattorney.org/northern/394-5-14-13-jones-pleads-guilty-to-murdering-a-customer-in-a-carryout-restaurant.html

Today, defendant Jones was sentenced to the maximum possible under his plea deal.  Here is a link to the press release issued today by the State's Attorney's office:
http://www.stattorney.org/northern/412-7-2-13-jones-sentenced-for-halloween-robbery-and-murder-captured-on-video.html
And here is a link to the article in North Baltimore Patch based on that press release:
http://northbaltimore.patch.com/groups/editors-picks/p/yau-brothers-killer-sentenced-to-50-years

What I want to do now is to describe the sentencing hearing before Judge Brooke Murdock which lasted from 9:28 to 11:58 this morning.  Note that the defendant had been led into the courtroom at 9:21 by two correction officers.

First, Assistant State's Attorney Nicole Lomartire called the case, and she presented two corrections to a pre-sentencing report.  The defendant's current age is 18 years 10 months, and the Maryland guidelines call for a sentence for the murder of 20 years to life.  Since a sentence of life for first degree murder is mandatory but the judge can suspend a part of the sentence, I assume that what was referred to as 20 years is really life with all but 20 years suspended.  Note that I have not seen any of the reports referred to this morning, but I can report what was said in open court.

Next were the victim impact statements.  Three persons, a younger sister, a daughter, and an older sister of the victim each took the witness stand, and the prosecutor read a statement from that person.  Another sister's statement was entered as an exhibit by the state.  What came through in all three statements that were read was that the victim, Freddie Jones Jr., was 52 and was an army veteran.  He was very loved by his family, was a father and a grandfather and a husband, and he had a powerful bond with his family members.  His daughter noted that he will not be there to walk her down the aisle, that she is a nervous wreck and wakes up crying.  She has wonderful memories of her father.  So many lives have been destroyed.

It was mentioned that the victim had said that he would not let anyone take anything away from him.

Following this, the defense attorneys whose names were Linthicum and Lopez presented their witnesses.  First were a clinical social worker and a forensic psychologist, and they were the only witnesses who were under oath.  Each had reviewed numerous records and had interviewed the defendant and a number of his family members, and they had gone over a social history with the defendant.  The social worker stated that the defendant had been abused as a child by his parents, that he has not been given a grounding to know right from wrong, and that he needs a period of incarceration to get help and counseling.  He is open and willing for therapy.  He needs several years of therapy, but it is too early to say how long will be needed.  He is remorseful, upset at himself, and concerned that his siblings may take the same path as he has taken.  He will continue contact by letters with his younger siblings and would like to write children's books to push kids toward a better path.  Also, he wants to finish his education, having been in the 11th grade when arrested.  He will perhaps learn a trade such as construction.

The psychologist said that he had determined that the defendant is criminally responsible.  Mitigating factors are childhood abuse and problems establishing friends.  He moved many times as a child.  He has low normal IQ and low verbal skills.  He is not sure whether he smoked marijuana before the murder.

The brain is still developing before age 21 or 25, and that includes impulse control.  Early trauma can influence that.  He does not have conduct disorder, and a majority with conduct disorder do not go on to become psychopathic.  The staff at Patuxent Institution have a system of treatment that lasts at least 7 years.

On cross examination by the prosecutor, the psychologist testified that according to DSM [a standard manual for defining mental disorders], one needs to wait until age 18 to do a diagnosis.  At age 17 [age at the time of the murder], the identity is still emerging.  Concerning childhood abuse, there is no formal record, and that is not uncommon.  Impulsivity and susceptibility to peer pressure go down with age.

Next to testify for the defense were some relatives of the defendant.

His grandmother testified that the year of the event, she saw the defendant about twice.  Before, she would see him about twice per week.  He was her favorite grandchild and wanted to be an astronaut.  She and he would hang out.  He liked to play football.  He was easygoing and wanted to please.  He did not have anyone to help him realize his dreams.  There was a lot of chaos in his life.  What he did is not who he is is inside.  She said that she hoped he would be forgiven and be able to help others, not spend his entire life in prison.  He is from a loving family like his victim.

A great uncle testified that there was a lot of dysfunction in the defendant's life.  He had spent 8 and 1/2 years in prison starting when Markell was 4.  He had learned that he had made bad decisions, and he was surprised that Markell had gotten and used a gun.  Markell had been sheltered and had moved every year or two because his parents could not pay the rent.  Now, his father has a job.  He was not able to go to movies with friends because of lack of money.  In junior high, his jaw was broken when he refused to join a gang.  He loved football.  His great uncle said that he had never seen his father physically abuse the him.

Six letters from other family members were admitted as evidence.

An aunt by marriage was now called.  She said that the family deeply regrets what happened.  This is not Markell.  She put the blame on society; he is a product of his environment.  His father abused drugs but got over it.  She asked for mercy: "He truly is a good guy."  He can be rehabilitated and can do great things.

The final witness was a little sister, now age 17.  She said that what Markell had done was wrong, and she does not know why he did it.  She said that he should get less than life with all but 50 years suspended.

The prosecutor wanted to show the security video from Yau Brothers.  There were two bench conferences, and the video was not shown.

Prosecutor Lomartire stated that the victim was 52 and a veteran.  He held up his hand to push away the accomplice of the defendant.  The defendant then shot him, and he went down and was shot twice more by the defendant.  The defendant then fled with two others.  A driver took him elsewhere to discard clothing and the gun.  The defendant was the only one with a gun, and he had obtained the bullets from a friend.  When the parents saw the video, they saw that the perpetrator was the defendant, and they did the right thing.  He wanted money.  His parents tried to raise him the best they could.  He had anger management problems at age 15.  There is a dichotomy between defense experts who see problems and family who say they all supported him.  His parents were there.  His choice was to get the gun, get bullets and use the gun.

Prosecutor Lomartire now urged the maximum sentence.  Freddie Jones' family will never get over what happened.  He confesses, then tells the psychologist that the confession was coerced, then says that the detective told him what to say.  He does not express remorse.  He tells defense experts of a terrible childhood.  What he says is opportunistic.

Defense attorney Lopez now spoke.  In 18 months, the defendant has expressed remorse.  He wrote a letter of apology to his victim's daughter.  He waited at home when his parents called the police; he did not flee.  He thinks every day about what he did, and for him, it is like an out of body experience.  He blames nobody but himself.  He has shame that he let his brothers and sisters down, and it eats at him.  But he has hope.  50 years would crush his hope.  One cannot give a magic number.  He thinks something will be there for him when he gets out.  He will tell your honor what he wants to do.  We believe his sentence should be life with all but 25 years suspended.  He will try to be rehabilitated.  That is enough time for a program in prison.  Give him hope.

At this point, the defendant took advantage of his right to address the court.  He wanted to face his victim's family, but Judge Murdock told him to address the court.  He said that he takes full responsibility for what he has done.  He is sorry for the pain he has caused.  He does not ask for forgiveness.  He hopes to become an electrician or a carpenter.

Judge Murdock now spoke.  So many lives have been destroyed.  The defendant made a conscious decision and fired three shots.   He says he was abused, is remorseful, and had no positive role model.  His mother demonstrated the last point when she testified on pretrial motions.

The hardest job for the court is to decide on a sentence.  The defense says that life with all but 50 years suspended takes away hope.  You have made strides.  But the court has to punish you.

Judge Murdock now announced the sentence of life with all but 50 years suspended and 5 years probation, and a concurrent sentence of 5 years without the possibility of parole.  At this point, the defendant's sister screamed and had to leave the courtroom, and other members of his family were in tears.  Defense attorney Linthicum gave the standard advice to his client about post sentencing rights.  Judge Murdock stated that she would recommend that the defendant be placed in the youthful offender program at Patuxent.  She also noted that he can be considered for parole when he will be in his 40s.

Finally, prosecutor Lomartire advised the defendant that when he gets out, he must register with the appropriate agency as a gun offender, and he was given the standard form to sign to acknowledge this.  Then, he was led out of the courtroom by the correction officers.

My comments:  This whole thing is a tragedy, for Freddie Jones and his very loving family, for our community which has lost a wonderful citizen and asset, and for Markell Jones and his family.  But at least Markell Jones' family will be able to visit him.  The sentence appears to me to be fair, and I hope that Markell Jones will take full advantage of the therapy he can receive at Patuxent Institution.  Persons sentenced for violent crimes must serve half their sentences and generally serve about 60% before receiving parole.  Let us hope that he will emerge as a much better person than the one who so callously murdered someone who simply was pushing away the person trying to rob him.

Let me add that all of the attorneys did a great job.  That is something I always want to see because the fairness of our justice system depends on that.  Also, Judge Murdock showed herself engaged in hearing the testimony, and I believe that her sentence was based on what was before her.  She too did a great job.