A man who was shot in a home invasion last October has been arrested himself after he filed a motion demanding the return of his gun, $13,845 in cash and cell phone found during the investigation. He did not seek the return of his pound of marijuana.
Jazon Hayes, 25, is charged with possession of a controlled substance for resale and possession of a firearm during a felony.
The suspect in the shooting in which Hayes was injured, Arnellus Johnson, was not taken into custody until the end of March.
Police responded to a person shot report at Pierce Avenue in late October of last year, and saw the victim inside the residence.
He had a gunshot wound to his left shoulder, and went to Erlanger for more treatment. An hour later, police spoke to Hayes and got his side of the story.
Hayes said he was sleeping in his bedroom when he heard his dogs barking outside. He said he went to the front door and saw two men standing on the porch, and that when he opened the door one of them said “yeah yeah yeah” and entered the residence.
He said the man showed a firearm with a green laser attached. Hayes said he pushed the man, who dropped his firearm and phone inside the living room. He said the man then picked up his firearm and began shooting at him, and he was struck in the shoulder. He said the two men then fled the scene.
Police recovered the cellphone dropped by one of the suspects, and police saw a picture of Johnson, 21, on the screen’s background. Hayes later identified Johnson as the man who shot him when shown a photo lineup of six men.
A detective said he arrived shortly after the incident and noticed drops of blood on the floor of the living room near the front door.
He said he did not find any shells casings in the spot where Hayes said the shooting occurred. The detective said, "I believe the scene had been tampered with prior to police arrival."
He obtained a search warrant for the 1142 Pierce Ave. location. He found a jar with 895 grams of marijuana and a zip lock bag with 445 grams of marijuana, a digital scale, a Glock 26 9mm handgun and the $13,845 in cash.
Hayes eventually hired an attorney to seek the return of the items taken in the search - except for the marijuana. A motion was filed that went before General Sessions Court Judge Lila Statom on Tuesday.
Attorney Jay Underwood said Hayes has no criminal record and had not been charged in the case. He said on that basis he should get the items back.
Prosecutor Dave Denny said when he was told the facts of the case on Tuesday morning he instructed the investigator to file charges against Hayes. He proceeded to do so.