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Updated: Tuesday, 04 Oct 2011, 4:04 PM EDT
Published : Tuesday, 04 Oct 2011, 3:48 PM EDT
myFOXDetroit.com
Wayne County Prosecutor's Office - Two Indicted in Aiyana Stanley-Jones Case; Father of Jones Charged with Murder of Je’rean Blake
Background Information
Southeastern High School student Je’rean Blake, 17, of Detroit was shot and killed on Friday, May 14, 2010 at Mack and St. Jean after an argument with a man later identified as Chauncey Owens, 35 of Detroit. On May 16, 2010, shortly after midnight, the Detroit Police Department (DPD) Homicide Section and Special Response Team (SRT) attempted to execute a search warrant for homicide suspect Owens at a duplex in the 4000 block of Lillibridge in Detroit. It is alleged that SRT members forced open the door and used a “flash bang” diversionary device in the living room of the lower flat of the residence. It is further alleged that upon entry, SRT Officer Joseph Weekly, 35, immediately fired his weapon, striking and killing Aiyana Stanley- Jones, 7, of Detroit.
Allison Howard, 42, of Brooklyn, New York was at the scene of the shooting as a director of photography employed by IT Productions. She was the principal photographer and also a field producer for the television series, “The First 48.” Howard is alleged to have had control over the video footage that became crucial evidence in the homicide investigation of Aiyana Stanley-Jones. On or about May 21, 2010, Howard is alleged to have committed perjury at an investigative subpoena hearing and obstruction of justice during the investigation into the death of Aiyana Stanley- Jones.Petition for One Man Grand Jury
On May 17, 2010, Prosecutor Kym L. Worthy asked for an outside agency to investigate the facts surrounding the fatal shooting death of Aiyana Stanley-Jones. The Michigan State Police (MSP) agreed to conduct an independent investigation into the matter. During the course of the MSP investigation, the WCPO assisted MSP and placed Allison Howard under oath during an investigative subpoena in May, 2010. In March, 2011 the results of the 9 month investigation were turned over to the Wayne County Prosecutor’s Office (WCPO). In every case involving a local police officer, the WCPO conducts an independent investigation prior to making a charging decision; this investigation began in March, 2011.
Early on in the WCPO investigation, challenges arose in obtaining witness testimony, turning over evidence, and maintaining the integrity and confidentiality of the investigation. Because of the need to conduct a thorough and unhampered investigation of this important case, the WCPO petitioned the Wayne County Third Circuit Court to convene a one man grand jury under MCLA 767.3. (See Attachment A - Summary of the One Man Grand Jury)
Indictments of Police Officer Joseph Weekly and Allison Howard Unsealed by the Court.
Today the indictments from the one man grand jury have been unsealed and placed in the court file. Police Officer Joseph Weekly has been indicted on charges of Involuntary Manslaughter (15 years maximum penalty) and Careless and Reckless Discharge-Death Resulting (2 year maximum penalty) in connection with the May 16, 2011 death of Aiyana Stanley-Jones.
Allison Howard has been indicted on charges of Perjury during an Investigative Subpoena (15 year maximum penalty) and Obstruction of Justice (5 year maximum penalty) in connection with her actions during the course of the investigation into the death of Aiyana Stanley-Jones.
Under the grand jury statute, defendants are arraigned in Circuit Court and proceed immediately to trial without a preliminary examination.
“In cases that generate extreme interest, people always want a quick investigation, and a quick announcement of changes. I will never rush to judgment. I am interested in being thorough and doing the right thing,” said Prosecutor Worthy. “This has been a long process and we had to turn to a one man grand jury when our normal tools failed to ensure an impartial process with a fair result. This case will be tried by Robert Moran, WCPO Chief of Special Investigations. It will go straight to circuit court without a preliminary examination because of the indictment. By statute I am prohibited from speaking about the grand jury proceedings. The full details will be presented in a court of law.”
Charles Jones Charged in Homicide of Jerean Blake
Prosecutor Kym L. Worthy has charged the father of Aiyana Jones, Charles Jones, 26, of Detroit in connection with the May 14, 2010 death of Je’rean Blake. The fatal shooting occurred on Mack and St. Jean after an argument with Chauncey Owens outside a party store at approximately 2:45 p.m. It is alleged that, after the argument, Jones accompanied Owens to the scene of the shooting and aided, abetted, and encouraged Owens during the murder of Blake. He has been charged with First Degree Murder (Mandatory Life with out Parole), Felon in Possession of a Firearm (5 year maximum penalty), Felony Firearm ( 2 year mandatory consecutive sentence), Habitual 4thOffender ( Sentence can be enhanced to a Life Sentence) and
Perjury at a Court Proceeding (15 years maximum penalty). Jones is expected to be arraigned on Wednesday, October 5, 2011 in the 36th District Court for the City of Detroit at 1:30 p.m.
Chauncey Owens was charged with First Degree Murder last year in connection with the death of Je’rean Blake in 2010. On April 11, 2011 before Judge Richard Skutt, Mr. Owens entered a guilty plea to the reduced charge of Second Degree Murder with a 28 year sentence agreement and a two-year mandatory consecutive sentence for Felony Firearm. In exchange for the reduced charge, Mr. Owens has agreed to provide truthful testimony in court regarding how he obtained the weapon used kill Je’rean Blake.
Attachment A - Summary of the One Man Grand Jury
The Petition
The Prosecutor files a petition with the circuit court alleging why there is probable cause to suspect that a crime has been committed and that a person or persons may be able to give material evidence regarding the crime or offense. (MCLA 767.4) The judge then signs an order directing that an inquiry be made relating to the formal complaint. The petition is for six months and can be renewed for an additional six months. (MCLA 767.3)
Subpoenas
When the judge issues a subpoena the person called before the grand jury is entitled to legal counsel; no delay is permitted in appearing before the judge. All matters revealed are subject to secrecy provisions. (MCLA 767.4)
Penalties - Contempt
Witnesses neglecting or refusing to appear can be found in contempt of court.
After a hearing in court, such witnesses can be fined $1,000 and/or imprisoned for up to one year. Witnesses can “purge” themselves of the contempt by offering to appear before the court. The judge may then commute or suspend the sentence. (MCLA 767.5)
Penalties - Disclosure of Proceedings
Except in cases of prosecutions for contempt or perjury against witnesses any judge conducting the inquiry, or any prosecuting attorney and other persons admitted to such inquiry at the discretion of the judge, who disclose information from the grand jury are guilty of a misdemeanor punishable by imprisonment not more than a year or by fine not less than $100 or more than $1,000 or both: (MCLA 767.19 f)