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Court reverses handgun conviction

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The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.

In Donnell Jones v. State of Indiana, No. 49A02-0909-CR850, Donnell Jones appealed his Class C felony carrying a handgun without a license conviction following his traffic stop for speeding. Jones, a mechanic, was test-driving a customer's car on his way home from work and was drinking alcohol in the car. The police officer saw Jones reaching around the front floor board of the car and in the back seat. It took the officer two attempts to stop Jones, who drove away the first time the officer stopped him.

The officer found open containers of alcohol in the car. After Jones was arrested and transported, police found a handgun under the driver's seat.

The state had to prove beyond a reasonable doubt that Jones carried the handgun without a license, and had actual or constructive possession over the gun by showing he had the intent and capability to maintain control over the gun.

Jones testified he didn't know about the handgun and that he was just trying to hide the alcohol from the officer, but the trial court discredited his testimony on that because Jones couldn't remember being pulled over the first time. The jury found him guilty of carrying a handgun without a license as a Class C felony, for which he was sentenced to five years executed. He also was sentenced to one year executed for operating a vehicle while intoxicated conviction, to be served concurrently with the handgun sentence.

The Court of Appeals found sufficient evidence to support Jones' conviction of operating a vehicle while intoxicated, but insufficient evidence supporting his conviction of carrying a handgun without a license, wrote Judge James Kirsch.

"In cases such as this, where the driver does not have exclusive possession of the vehicle for a long period of time before the handgun is found, we are hesitant to impute possession of the handgun solely on control of the vehicle as evidence of intent," wrote the judge.

In addition, Jones made no incriminating statements about the handgun found during the inventory of the car, and his actions of reaching around the floorboard and other seats could be because he was moving alcohol containers. The evidence showed an open bottle of gin on the hump of the front passenger side of the vehicle, unopened beer cans on the front floorboard, and an open can of beer was on the rear floorboard behind the driver's seat.

The circumstantial evidence was inadequate to support an inference of intent to carry a handgun without a license beyond a reasonable doubt.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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