Jones v. State
| Decision Date | 02 September 2021 |
| Docket Number | 03-19-00797-CR |
| Parties | Pontrey Jones, Appellant v. The State of Texas, Appellee |
| Court | Texas Court of Appeals |
Do Not Publish
FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY NO D-1-DC-19-904049, THE HONORABLE BRENDA KENNEDY, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Goodwin and Baker
Pontrey Jones was convicted of murder and sentenced to life imprisonment. See Tex. Penal Code §§ 12.32, 19.02. On appeal, Jones argues that the trial court included an incorrect instruction in the jury charge on punishment, that the jury improperly considered information not admitted into evidence, that the trial court erred by failing to hold a hearing on his motion for new trial, and that his trial attorney provided ineffective assistance of counsel. We will affirm the trial court's judgment of conviction.
In 2016, Jones alternated living at the homes of several family members, including his mother, grandmother, and an uncle. After Jones's grandmother asked him to leave her home Jones began living under a bridge. When Jones's stepmother Magdalena Ruiz learned that Jones was homeless she invited Jones to live with her, his father Pontrey Simon their two young children T.S. and A.S., and her son I.R. from a previous relationship.[1] Jones had lived with them before when he was younger and moved into their home in October 2016 when he was twenty years old.
On a night in December 2019, the family was watching a football game. Ruiz and Simon were rooting for opposing teams. During the game, Jones was helping I.R., A.S., and T.S. get ready for bed. After Jones returned to the living room, he placed under the couch a knife he had taken from the kitchen. Later during the evening, Jones grabbed the knife and stabbed Ruiz multiple times. Simon grabbed Jones and held him against the door. I.R. heard the commotion and came out of his bedroom. I.R. saw his mother lying on the couch with her eyes closed and noticed that her chest was bleeding. I.R. watched his mother inhale deeply two times before dying. When Simon called 911, Jones ran out of the house. Police officers responding to the 911 call found Jones in the area naked and yelling incoherently with his clothes scattered on the street. After placing Jones in handcuffs, the officers transported him to the police station where Detective Daryl Tynes interviewed him.
In the interview, Jones said that he had been diagnosed as bipolar but had stopped taking his medicine when he turned eighteen. Jones stated that he "was supposed to break his sister's neck when he put the kids to sleep" but felt that he could not go through with that plan. Further Jones explained that he grabbed a knife from the kitchen, placed it under the couch, and stabbed Ruiz in the chest multiple times while she was sitting on the couch after she started gloating about the football game. Jones stated that he stabbed Ruiz to set his father "free." When Detective Tynes revealed that Ruiz had died from her injuries, Jones responded by saying that he "was hoping" that would happen and that he was not sorry for stabbing her. During this exchange, Jones also revealed that he believes that women are "demons or witches." After the interview, Jones was arrested and charged with murdering Ruiz.
Prior to trial, Jones was deemed incompetent to stand trial and was committed to a mental-health hospital for treatment. After Jones's competency was restored, a trial commenced. During the guilt-innocence phase, multiple witnesses testified, including Simon, I.R., Detective Tynes, investigating police officers, Ruiz's sister, Ruiz's nephew Brandon Hinkle, and the medical examiner who determined that Ruiz died from internal bleeding caused by multiple stab wounds. Detective Tynes testified that Jones expressed no remorse for his actions. Hinkle stated that while Jones was being treated at the mental-health hospital, Jones apologized to him for killing Ruiz and expressed regret about his actions.
After considering the evidence, the jury found Jones guilty of murdering Ruiz.
During the punishment phase, multiple witnesses testified, including two of Ruiz's sisters, Simon, Jones's mother, Jones's grandmother, Officer Andrea Rios, three correctional officers at the jail housing Jones, Dr. William Lee Carter, and Dr. Marisa Mauro. One of Ruiz's sisters testified that Ruiz tried to be a mother figure for Jones, that I.R. was devastated by his mother's death and could not function after losing her but was doing better at the time of the trial, that T.S. and A.S. miss their mother, and that she is worried that Jones will kill again because he has expressed no remorse for his actions. Ruiz's other sister testified that A.S. said that she wanted to die after Ruiz was killed. Both sisters testified that their family is now incomplete. Simon testified that seeing Jones murder his wife was devastating, that he felt like he had lost everything, and that this loss was the hardest that he had ever experienced. In addition, Simon described Jones as dangerous and having anger issues as a child.
One of the officers stationed at the jail testified that Jones "became very disruptive and aggressive," would kick the door while in his cell, and stated that he wanted to hurt himself and other people. Another officer explained that Jones was classified as a high-risk detainee because he attempted to escape and threatened staff and other inmates. A third officer explained that he caught Jones trying to escape by hiding in a recycling bin and that charges were filed against Jones for the attempted escape. Next, Officer Rios testified that Jones would masturbate when she and other female employees were around despite being warned about the behavior.
In his case-in-chief, Jones called his mother and grandmother as witnesses. Jones's mother testified to moving multiple times and leaving him with Simon and Simon's family during one move. Further, Jones's mother stated that he would alternate living with her, his grandmother, and Simon and that in kindergarten he began taking medication for mental-health issues. Additionally, Jones's mother stated that after Jones damaged property at school and started acting out, a juvenile court ordered that he receive treatment at a mental hospital where he remained for months. Further, Jones's mother related that he continued to have outbursts after being released from the hospital, that she asked Simon to let Jones move in with him and Ruiz when Jones had another incident, and that Ruiz cared for Jones as though he was one of her children. Next, Jones's mother testified that he moved back in with her for a while, that he stopped taking his medicine when he turned eighteen because he did not like the way it made him feel, that his behavior then worsened, and that he was charged with aggravated assault for trying to attack her brother with a knife. Moreover, Jones's mother testified that he moved out of her house, started living with other relatives for short periods, and that one relative asked Jones to move out after Jones kicked in a door. Additionally, Jones's mother recalled that Jones became homeless after a relative asked him to move out and that Ruiz located him and brought him to her house.
Jones's grandmother testified that he lived with her for more than four years while he was in elementary school and that she tried to be a stabilizing influence for him. She also explained that he lived with her when he was older but that she had to ask him to leave because her husband had Alzheimer's and would get into arguments with Jones after becoming confused regarding who Jones was.
Both the State and Jones called expert witnesses to discuss his mental health and his potential for future dangerousness. The State's expert, Dr. Carter, diagnosed Jones as suffering from a schizoaffective disorder, bipolar disorder, antisocial-personality disorder, and thought disorder. In addition, Dr. Carter testified that mental-healthcare workers can apply a clinical risk analysis to assess who might be prone to future criminal behavior and that the analysis considers an individual's past and current factors. Regarding the prior factors, Dr. Carter related that Jones had a history of aggression and violence and of using cocaine, marijuana, and synthetic marijuana; had been diagnosed with a major mental illness; lacked empathy for others; had a dysfunctional upbringing; and had the early markings of a personality disorder. Regarding the current factors, Dr. Carter stated that Jones has a current mental-health issue, is impulsive, is not responding to treatment as much as his treating physicians would like, and has acted out in jail. Based on his assessment, Dr. Carter determined that Jones currently poses a "very high" risk of future violence. However, Dr. Carter also explained that Jones was young when he committed the offense, that his brain had not fully matured, and that he could turn his life around and become a functioning member of society if properly medicated.
Finally, Jones's expert, Dr. Mauro, testified regarding her evaluation of and interactions with Jones. Regarding her initial assessment after Jones's arrest, Dr. Mauro related that based on her observations of his behavior, she believed that he was suffering from schizophrenia, which is characterized by disorganized behavior, hallucinations, and delusions. Further, Dr. Mauro testified that after Jones's competency was restored following his treatment at the mental-health hospital, he had a stable mental status and did not display active symptoms of a thought disorder, was no longer responding to hallucinations, and no longer seemed delusional. Additionally, Dr. Mauro explained...
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