390 N.W.2d 189 (Mich.App. 1986), 76411, People v. Jones

Docket Nº:Docket No. 76411.
Citation:390 N.W.2d 189, 151 Mich.App. 1
Opinion Judge:Before KELLYand GRIBBS and MR KNOBLOCK , JJ
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Sandra Lee JONES, Defendant-Appellant.
Case Date:April 21, 1986
Court:Court of Appeals of Michigan
 
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Page 189

390 N.W.2d 189 (Mich.App. 1986)

151 Mich.App. 1

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Sandra Lee JONES, Defendant-Appellant.

Docket No. 76411.

Court of Appeals of Michigan.

April 21, 1986

Submitted Jan. 9, 1985.

Released for Publication Aug. 4, 1986.

[151 Mich.App. 2] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John E. O'Hair, Pros. Atty., Edward Reilly Wilson, Deputy Chief, Civil and Appeals, Jeffrey Caminsky, Asst. Pros. Atty., for the People.

Page 190

Carl Ziemba, Detroit, for defendant on appeal.

Before KELLY, P.J., and GRIBBS and M.R. KNOBLOCK [*] , JJ.

M. RICHARD KNOBLOCK, Judge.

Defendant was convicted, after a bench trial, of two counts of second-degree murder, M.C.L. Sec. 750.317; M.S.A. Sec. 28.549, and one count of possession of a firearm during the commission of a felony, M.C.L. Sec. 750.227b; M.S.A. Sec. 28.424(2). She was sentenced to concurrent prison terms of from 50 to 75 years on the second-degree murder convictions and a consecutive 2 years on the felony-firearm conviction, and she appeals.

Defendant was originally charged with two counts of first-degree murder and one count of felony-firearm, after she shot and killed her former husband, Clarence Jones, and his girlfriend, Georgia Dowell. The shootings occurred on December 22, 1982, at a Detroit bar owned by Clarence [151 Mich.App. 3] Jones. Defendant and Jones had been married for eight years and were divorced in 1980. She and Jones had a child who was in defendant's custody and apparently Jones and Dowell had expressed their intent to attempt to obtain custody of the child after they were married.

Defendant regularly visited Jones's bar. Approximately a week before the shooting, defendant told the bartender that if she could not have her former husband, no one else could. At some point on the night of the shootings, Dowell and defendant argued about Jones. Dowell reportedly told defendant that she would kill defendant if she found defendant and Jones together. Defendant then left the bar after telling the bartender to lie on the floor when she returned because she planned to kill Jones and Dowell. Defendant went home, put a shotgun in her car, returned to the bar and again warned the bartender. After approximately 15 minutes, she again exited from the bar and immediately returned with the shotgun, at which time she shot and...

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