After mistrial, prosecutor says he’ll dismiss Civic Center damage case against DA Jones
After the judge declared a mistrial Wednesday in Columbus District Attorney Mark Jones’ felony property damage trial, the prosecutor said he will dismiss the charges.
Prosecutor Brian Patterson told visiting Judge Jeffery Monroe he made that decision after hearing some jurors felt the case was politically motivated, and that Columbus has more important matters to address.
Patterson said he will file a detailed motion to dismiss the case both against Jones and his codefendant, Erik Whittington.
Monroe said he saw no reason not to accept Patterson’s decision, but he will not sign off on the dismissal until he sees what Patterson files. Patterson said he expects to file his motion by Friday.
Patterson said he still believes that “direct and circumstantial evidence” indicates Jones and Whittington are guilty of the charges of interfering with government property and first-degree criminal damage to property, but the sentiments of the jurors in the case weigh against further prosecution.
“They were concerned about how politics have come to bear on this case, that this is a felony prosecution, that it appears that some other individuals similarly situated have not been prosecuted in a similar manner for this kind of conduct, and that Muscogee County has other pressing criminal justice matters and concerns,” Patterson told the court during the online hearing.
Jones’ attorney Chris Breault said he begged authorities to defer taking the case to trial, but they would not back down. “The case should never have been brought anyway,” he said.
He is looking into filing a civil lawsuit alleging malicious prosecution, he said.
William Kendrick and Mark Shelnutt, the law partners who represented Whittington, said they were elated by the outcome, which Kendrick called “the right thing to do.”
All of the young men arrested with Jones should have had their charges dropped, Kendrick added, noting they had no prior criminal history, and one had hoped to pursue a career in the law, so his arrest sabotaged his career plans.
“What they went through is what a lot of our criminal defendants go through,” Kendrick said. Shelnutt elaborated on that, saying clients often struggle to find the money to pay for their defense, and as their resources wear thin, they are pressured to plead guilty to reduced charges to avoid a felony conviction that could affect their job prospects or their right to vote.
Some of them were called as witnesses, and testified they might have taken their cases to trial had they been able to afford to do that.
The judge was not going to be able to remedy the issue that led to the mistrial, Shelnutt added, because the testimony of witnesses in the case already was corrupted.
The mistrial
The judge last week brought a premature end to Jones’ trial for damaging the Columbus Civic Center parking lot after learning sequestered witnesses viewed a TV live stream of the proceedings, which one of those called to testify had posted to her Facebook page.
Monroe said he had no choice after the case was compromised by witnesses viewing others’ testimony when they were supposed to be secluded in a Government Center room waiting to be called to the stand.
Sequestered witnesses are prohibited from hearing others’ testimony, lest that influence how they would answer attorneys’ questions.
Monroe said the witnesses had access to the live stream on Tuesday and Wednesday of last week. Two already had taken the witness stand, by the time Monroe learned his sequestration order had been violated, so their testimony could have been affected by what they saw online.
Breault said he objected to the mistrial during a conference with the judge and other attorneys. Kendrick said he agreed with Monroe’s decision, and so did Patterson, the prosecutor.
Jurors’ reaction
Outside the courtroom last week, multiple jurors told the Ledger-Enquirer they likely would’ve acquitted Jones and Whittington, and added that they did not look favorably upon authorities’ taking the case to trial.
“Waste of time,” is how one described the charges, adding, “We could have been taking care of more important stuff.”
He was surprised police charged Jones and Whittington with felonies for the tire marks that Whittington and other custom-car enthusiasts left in the Columbus Civic Center parking lot as Jones filmed a campaign video there on May 17, 2021. The parking lot for years has been riddled with tire marks other motorists have left there, he said: “All these people did the same thing, but they’re not getting felony charges.”
Other jurors said they hear about local assaults and homicides regularly on the news, and they saw Jones’ case as the city prioritizing property over people’s lives: “A parking lot is more important than a life? That’s what you’re telling me?” one woman remarked.
Jones, Whittington and three others were charged after Jones posted a campaign rap video to social media showing Whittington’s gray BMW “drifting,” or spinning its tires while circling Jones and two others standing in the parking lot.
Three of the suspects pleaded guilty to misdemeanors before the case came to trial.
Other cases
Jones still faces other felony cases that have yet to be resolved:
- He was indicted this month on nine felonies alleging misconduct in office, charges that could result in his losing his job, if convicted. The charges include bribery, influencing witnesses, violating his oath of office, and suborning perjury.
- He also faces charges of DUI, reckless driving and serious injury by vehicle in a November 2019 traffic accident on the Manchester Expressway, where Jones was accused of crashing into the rear of a Toyota Avalon driven by a 51-year-old woman, who complained of injuries to her neck. Police said Jones had a blood-alcohol content of .088. Georgia law sets the threshold for a DUI charge at .08.
Judge Monroe and prosecutor Brian Patterson also have been assigned to Jones’ traffic case, so local court officials face no conflict of interest in handling it.
This story was originally published September 20, 2021 at 4:45 PM.