Kemp names panel to review DA Mark Jones’ latest felony case. Here are next steps
Just a week after one felony case against Columbus District Attorney Mark Jones ended in a mistrial, authorities took the next step in pursuing a second case that ultimately could cost Jones his job.
Georgia Gov. Brian Kemp issued an executive order Wednesday appointing a commission to review allegations that Jones misused his office and determine whether he should be suspended as that case heads to trial.
The members include:
- Harold Melton, retired Chief Justice of the Supreme Court of Georgia
Joe Mulholland, District Attorney of the South Georgia Judicial District
Samir Patel, District Attorney of the Cherokee Judicial District
Under state law, the commission must submit a report to Kemp in 14 days, outlining its recommendations. Kemp may extend the review period.
If the commission recommends Jones be suspended and the governor follows through, then a replacement district attorney will be appointed to fill in pending the outcome of Jones’ criminal case.
If Jones is acquitted, he can return to office and be compensated for any lost pay. Jones will continue to be paid until possible conviction.
If he’s convicted of a felony, and his appeals are unsuccessful, he no longer can serve as the chief prosecutor for the six-county Chattahoochee Judicial Circuit, based in Columbus. The interim district attorney then would serve the rest of Jones’ term in office, ending in 2024.
The charges
The commission will examine allegations detailed in a Sept. 7 indictment based on evidence from a Georgia Bureau of Investigation agent, whose testimony was presented to a grand jury by a prosecutor state Attorney General Chris Carr assigned to the case.
The indictment had these charges:
- Two counts of influencing a witness, a felony that carries 1-5 years
- Two counts of bribery, a felony that carries 1-20 years
- Two counts of violation of oath by public officer, a felony that carries 1-5 years.
- Two counts of attempted violation of oath by public officer, a felony that carries 1-2.5 years
- One count of attempted subornation of perjury, a felony that carries 1-5 years
The indictment alleges Jones tried to get police Cpl. Sherman Hayes to testify in July that a Columbus youth had a motive to shoot a woman this past February.
In February court proceedings, Hayes testified the fatal shooting was unintentional, the result of the suspect and his friends playing with a gun. The perjury charge and one count of influencing a witness stem from this event.
The suspect, 20-year-old Elijah Farral, told police he meant to use the gun only to try to “scare” Sara Holtrop, who had fallen asleep face-down on a couch, but he pulled the trigger and mortally wounded her, according to court testimony.
Jones’ second charge of influencing a witness stems from his allegedly using a threat and misleading conduct to influence the testimony of Chris Bailey, the nephew of a Columbus man who died after a fight over kids playing basketball in a north Columbus neighborhood.
Jones, 62, died paralyzed in intensive care after his confrontation with two brothers whose younger sibling was among the players.
Bailey filed a victim’s rights motion, alleging the family wasn’t notified when one of the suspects was released on bond earlier this year. Bailey withdrew the motion after speaking to Jones.
The indictment alleges Jones violated his oath of office by not assisting Bailey in that case.
It also says Jones attempted bribery when he offered Chief Assistant District Attorney Sheneka Terry and Assistant District Attorney Kimberly Schwartz $1,000 each to obtain murder convictions in cases the indictment did not specify. The indictment states that Jones attempted to get Schwartz to announce that a murder case was ready for trial when it was not.
The mistrial
Jones and a codefendant went to trial last week on felony charges alleging they caused extensive damage to the Columbus Civic Center parking lot while filming a campaign ad there in 2020.
A prosecutor said Monday that he will dismiss those charges after the judge declared a mistrial in that case.
Judge Jeffery Monroe declared the mistrial because sequestered witnesses viewed a TV live stream of the trial that one of them posted to her Facebook page. Sequestered witnesses are prohibited from hearing others’ testimony, lest that influence how they would answer attorneys’ questions.
After the mistrial, jurors told attorneys and reporters that they would have acquitted Jones and codefendant, Erik Whittington. Prosecutor Brian Patterson said their views of the case were sufficient to show it’s not worth pursuing here.
Besides his indictment for alleged misconduct in office, Jones still faces a second felony case, accusing him of driving under the influence and other charges in a November 2019 accident.
After Jones rear-ended a woman’s car on the Manchester Expressway, tests showed he had a blood-alcohol content of .088, police said. Georgia law sets the threshold for a DUI charge at .08.
This story was originally published September 22, 2021 at 2:29 PM.