Witnesses absent; charge dropped

Prosecutors expressed frustration Thursday that key witnesses failed to show up at a hearing, forcing dismissal of a first-degree murder charge.

Akeem Jones, 19, had been charged in what was described as a daytime gang slaying March 11, 2009, when Gary W. Holmes was shot to death inside BJ's convenience store, 4122 Ames Ave.

Prosecutors say Jones shot Holmes and Holmes' cousin, Rodney Smith, after harsh glances were exchanged by rival gang members as the two cousins walked into the store. Holmes and Smith both were 22 at the time of shooting. Smith survived but was paralyzed.

Three key prosecution witnesses were subpoenaed, but didn't show for a Wednesday hearing. One of the witnesses had reported being threatened in connection with the case and told officials that she feared for her life.

Without the witnesses, prosecutors had no evidence to present and were forced to dismiss the charges against Jones, who walked free hours later from the Douglas County Correctional Center.

Jones was set to go to trial May 24.

Prosecutor Kim Pankonin said officials still hope to re-file charges and will continue working with police on the case.

According to previous testimony by one of the witnesses — Jones' cousin — Jones was with a group March 11 when Holmes and Smith walked past them and into the store.

The witness said Jones asked some others in his group to shoot the cousins, Pankonin said. When they refused, Jones switched clothes with a friend, put on a mask and went to the door of the store, opening fire, according to the witness.

Afterward, he went to his mother's house, took off the clothing and burned the items, the witness said.
According to her earlier testimony, the witness did not see the shooting, but she was with Jones in the minutes before and after it happened. She testified that Jones decided to shoot the cousins because they stared at him and his group of friends.

On Thursday, Pankonin said, “Unfortunately we can't try cases without witnesses.”

Pankonin said members of Holmes' family were at the Wednesday hearing and were devastated by the decision to dismiss charges. Besides the murder charge, Jones, who also is known as “Grimey,” was charged with first-degree attempted murder and two counts of using a weapon to commit a felony.

Jones' cousin gave partial testimony in late August and was set to resume her testimony in early October. She was in the courtroom when the hearing resumed, but Jones' attorney, public defender Tom Riley said Jones was waiving his right to a preliminary hearing. That meant prosecutors didn't have to show at the time that they had enough evidence to move the case to trial.

Pankonin said prosecutors are frustrated.

“If we don't get cooperation from the witnesses, we can't move forward and take these shooters off the street and stop the violence,” she said.

The cousin reported to sheriff's deputies that on the day of the August hearing a woman threatened her — saying “you are going to get yours” — as she was walking to the county attorney's office. Keenan Jones, 18, was convicted of assault in connection with the incident and served about three months in jail.

The cousin reported on two separate occasions she was afraid of being killed because of her testimony.
A police report filed in October indicated that a friend of the cousin was threatened the day she drove the cousin to the Douglas County Courthouse to testify. After the court appearance, Shannon D. Watkins, 18, pulled up to the friend and made a motion with his fingers as if to shoot the woman.

Watkins was convicted of making terroristic threats in connection with the incident and served about four months in jail before he was transferred to prison in January to finish serving time on a charge of carrying a concealed weapon.

Watkins was released from prison Thursday.

The report on the incident also said people in the courthouse were calling the cousin a snitch who would “get what was coming to her” for testifying against Jones.

Reluctant witnesses are nothing new to prosecutors, Pankonin said, but prosecutors are running into the problem more frequently.

“We're very disappointed,” she said.

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