Pretrial motions argued at hearing of man accused of shooting former girlfriend

Pretrial motions were argued at a hearing Tuesday in Miller County for a man accused of shooting his former girlfriend in January 2015.

Curtis Theo Jones, 53, is scheduled for jury selection Jan. 30 before Circuit Judge Carlton Jones on a bevy of charges including attempted murder in connection with a Jan. 21, 2015, shooting in Texarkana, Ark. The woman told investigators she had just pulled her car into her garage Jan. 21, 2015, at about 8 p.m. when a man approached her wearing a black ski mask, according to a probable cause affidavit used to create the following account. When the masked man began yelling, the woman was allegedly able to identify him by his voice as Curtis Jones, a man she claims was violent before and after she ended their romantic relationship.

Before the woman could put her car back in drive and get away, Curtis Jones allegedly pulled a pistol and began firing. One of the four shots shattered her driver's side window and another struck the woman in the thigh. Curtis Jones was arrested the following day and has been in jail since.

Curtis Jones faces a charge of attempted murder, four counts of a terroristic act, four counts of aggravated assault on a family or household member, a charge of possession of a firearm by a felon and a charge of solicitation of hindering apprehension or prosecution. He is also charged with residential burglary for allegedly breaking into his former girlfriend's home Dec. 29, 2014. Chief Deputy Prosecuting Attorney Chuck Black said a charge of terroristic act was filed for each of the shots Curtis Jones allegedly fired. The solicitation charge involves Curtis Jones' alleged attempt to get another person to provide a false alibi.

At Tuesday's hearing, Public Defender Matt Stephens argued that the firearm possession charge should be severed from the other cases and tried separately so as not to prejudice the jury with knowledge of Curtis Jones' status as a convicted felon. Black agreed that Arkansas law supports Stephens' motion and offered no objection to it. Stephens also argued that the state should be prevented from mentioning the pending burglary charge, which is also scheduled for a separate trial, or allegations of violence toward other women formerly involved with Jones.

"If you let this in during the guilt/innocence phase, it would essentially be game over for the defense," Stephens argued. "This will utterly destroy any chance for a fair defense."

The allegations of prior illegal conduct Stephens wants kept from the jury include the 2014 pending burglary involving the alleged victim in the current attempted murder case as well as allegations involving two other women. Black argued that the allegations are so similar to those in the current case that they are relevant to show motive and intent.

Black argued that Curtis Jones' alleged burglary of the current alleged victim's home in December 2014 as well as his violation of a court order forbidding him to contact her are "highly relevant." Judge Jones told the lawyers he will make a ruling on what evidence will be admissible during the trial's guilt/innocence phase after reviewing case law.

Another defense motion argued Tuesday concerns the charges of aggravated assault and terroristic acts pending against Curtis Jones. Stephens argued that if the jury convicts Curtis Jones of terroristic acts for the shots he allegedly fired, then they shouldn't also be able to convict for the four counts of aggravated assault. Stephens argued that the aggravated assault of a family or household member charges pending against Curtis Jones involve pointing a gun while the terroristic acts involve actually pulling the trigger.

"In order to commit terroristic act, you have to commit aggravated assault," Stephens argued.

Stephens argued that aggravated assault is a lesser included offense of terroristic act and that convicting Curtis Jones of both would amount to double jeopardy. Black argued that the two offenses are different because they require the state to prove separate elements. Judge Jones agreed with Black and denied Stephens' double jeopardy motion.

Bail on the 11 charges related to the shooting is $10 million. Jones was free on a $25,000 bond set in the residential burglary case when he was arrested in the shooting case. At an initial court appearance in mid-January 2015, about a week before the shooting, Curtis Jones was ordered to have no contact with his former girlfriend. Curtis Jones allegedly violated the no-contact order on the day of the shooting and by writing to her while locked up in the Miller County jail.

Attempted murder is punishable by six to 30 years in prison and a fine up to $5,000. For using a gun during the offense, Curtis Jones could receive an additional 15 years, which he must serve consecutively to any time ordered for attempted murder.

One of the counts of terroristic act is punishable by 10 to 40 years or life. This charge concerns the bullet that struck the alleged victim. Curtis Jones faces the possibility of a 15-year firearm enhancement on this charge. Each of three other counts of terroristic act is punishable by five to 20 years and a fine up to $15,000. The 15-year firearm enhancement is possible on each of these charges. Four counts of aggravated assault are each punishable by up to six years in prison and a fine up to $10,000. The firearm enhancement is possible on each of these counts as well.

 

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