Body cam video shows Mark Jones, Columbus officer arguing over charges in fatal shooting
Newly-released police body camera footage shows suspended Columbus District Attorney Mark Jones discussing a homicide case with an off-duty officer, telling him the charges were “weak s---.”
Prosecutors say Jones’ exchange with the officers is evidence he tried to influence a witness, police Cpl. Sherman Hayes, and persuade Hayes to commit perjury. His indictment dated the exchange between the two as July 7, but the body camera shows it was July 16.
That was two days after the suspect in the fatal shooting Jones complains about was indicted for involuntary manslaughter. Christopher Breault, who represented Jones before a judge disqualified him from the case, said the video shows Jones is not telling Hayes to lie in order to have the suspect charged with murder, but rather complaining that he has only an involuntary manslaughter case to prosecute.
The roughly 11-minute video was captured around 1 a.m., according to timestamps on the footage. Jones is seen outside of The Hooch, a bar at 1039 Broadway, wearing a basketball jersey and talking with three security officers.
Breault provided the body camera video to the Ledger-Enquirer Wednesday, saying he believes it shows how little evidence authorities have against Jones.
Jones was indicted Sept. 7 on nine felony charges. His trial is set for Nov. 8.
The video
As the video starts, Jones reads from his phone news of a guilty verdict passed down earlier in the day and shares his excitement at the suspect possibly getting 85 years in prison. The suspect is Mario Smith, who was convicted of attempting to commit the felony of murder.
“He’ll never get out again. I feel pretty good about that, man,” Jones says.
Almost four minutes into the video, Jones says he’s going to walk home, but then sees Hayes, a homicide detective, and asks his name. Hayes introduces himself, and says he’s working part time.
That’s when Jones brings up the February fatal shooting of Sara Holtrop, and tells Hayes that Holtrop’s mother texts him every day about the case.
Jones and Hayes go back and forth for several minutes about the charges and evidence in the case, with Jones asserting that Holtrop was cheating on suspect Elijah Farral. Jones says that shows the shooting was intentional, and tells Hayes, “You should testify to that.” Hayes refutes that, saying no evidence pairs the two together or shows a motive for the shooting, which police found to be accidental.
“How can we indict him for murder?” Jones asks Hayes.
“It’s not murder,” Hayes says.
“Don’t say that bro, why the f--k would you say that?” Jones asks, saying the involuntary manslaughter charge is “weak s--t.” He adds, “What the f--k are you doing? You better charge that s--t with murder m-----r f----r.”
As Jones continues to press Hayes, Hayes says, “I’ve charged plenty of people with murder.”
“Well, you should’ve done him,” Jones says. “On behalf of the family. Why the f--k didn’t you do that s--t? Now I gotta’ deal with this. She texts me every f-----g day, bro.”
The family wants a murder charge, Jones says, asking Hayes, “Why don’t you back me up on it?”
“I’m not saying I don’t back you up, Mr. Jones,” Hayes says.
“Well, you should f-----g do it,” Jones says.
“At the end of the day, all I can do is what the evidence supports,” Hayes replies.
The argument continues, with Jones repeating that Farral should have been charged with murder, and adding, “We’ve got to come heavy or not at all, that’s all I’m saying.”
About nine minutes into the video, Jones notices another officer’s body camera is running. “He’s recording me. What the f--k are you doing?” he asks.
“My camera’s always on when I work out here,” the officer says.
“Ah, f--k y’all,” Jones replies. “I’m trying to have some fun. What the f--k are you doing, dude? That’s why I don’t f--k with y’all, man.” Still he turns back to Hayes and repeats that Farral should have been charged with murder.
Again referring to the Mario Smith verdict, Jones says that when his predecessor last tried a case, the verdict was not guilty. “Y’all don’t care. Y’all don’t give a f--k. Whatever, man,” he adds.
Then he says his goodbyes: “Hey, love you though, seriously,” he tells the officer whose body camera is recording. Then he turns to Hayes and repeats, “Love you, bro’. See ya’. Be safe.”
The recording ends at 10 minutes and 44 seconds.
During a pretrial motions hearing on Oct. 21, Breault asked visiting Judge Katherine Lumsden to let him play the video in court, but Lumden refused.
The judge on Monday filed an order disqualifying Breault as Jones’ attorney, ruling that Breault is named in prosecution evidence and may be called to testify, so he’s a material witness who cannot serve as the defendant’s attorney.
Senior editor Lauren Gorla contributed to this report.
This story was originally published October 27, 2021 at 4:33 PM.