Jury Finds Him Guilty Of Class C Misdemeanor
posted October 26, 2007
A Criminal Court jury on Friday afternoon convicted a man accused of spitting on City Councilman Leamon Pierce of a lesser misdemeanor charge.
James Dewayne Jones had been charged with the Class A misdemeanor of assault. He was convicted of attempt to commit assault by offensive or provocative conduct.
He faces up to 30 days in jail and up to a $50 fine at a sentencing hearing on Dec. 18 before Judge Barry Steelman.
His attorney, Robin Flores, said Jones has already built the time when he was in jail before making bond after his arrest in the July 19, 2005, incident.
Councilman Pierce, who was the state's star witness, goes to trial himself for assault on Nov. 13. That will be in the courtroom of Judge Rebecca Stern and with a special prosecutor.
Councilman Pierce said he was driving home from a council meeting and was almost to his house on Cannon Avenue when he saw Jones sitting handcuffed in the back of a patrol car after a drug arrest. He said Jones spit on him, causing him to stop his car and go after Jones.
The councilman said he reached in the window toward Jones legs, who he said had fallen on his back and was kicking. He said he did not know if he touched his leg or not.
Officer Zachary Fuller said Councilman Pierce leaned in the window, struck the handcuffed man twice in the face and missed on a third swing.
Jones denied spitting toward the councilman. He said he only spit when he said Councilman Pierce was on top of him striking him.
Maurice Terry testified for the defense on Friday morning that he saw Councilman Pierce open the car door and start striking Jones.
He said Officer Fuller "was just standing there" so he went over and tried to pull the councilman off of him. He said the officer then told him to back off.
Prosecutor Jason Thomas said Terry originally told officers that the councilman reached inside the patrol car.
The prosecutor told the jury that Councilman Pierce "cares about his community" and regularly patrolled it. He said he had a grandmother living near Jones as well as rental property.
He said it would have taken something like getting spit on to provoke the councilman to stop his car and head toward Jones.
He said, "It's a normal reaction when you get spit on."
Attorney Flores said Councilman Pierce resorted to "vigilante" action.
He said the councilman claimed he was spit on "because he's got to explain his actions somehow."
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