The opinion of the court was delivered by
In this action Jessie Jones appeals from jury convictions of
two counts of first-degree murder, K.S.A. 21-3401; and two counts
of aggravated battery, K.S.A. 21-3414. Jones was sentenced to
life imprisonment on each count of first-degree murder and
received a three- to ten-year sentence on each count of
aggravated battery. All sentences are to run concurrently.
This case arises from a drug transaction. On the morning of
January 14, 1988, Julia Dawn, Frank Morris, Michael Mills, and
Donna Barrett were gathered at Barrett's residence at 916 Haskell
in Kansas City, Wyandotte County, Kansas. Dawn was there to lend
her car to Mills and Barrett. Morris was present to lend Mills a
suitcase. Soon after Morris' arrival, Mills informed him that
someone was coming over to conduct a drug deal.
The record clearly establishes that Jessie Jones was involved
in the shooting spree which followed. Julia Dawn testified that
three men came to the residence shortly after she arrived. She
saw Damon Huff carrying a handgun and Jessie Jones a shotgun.
Dawn heard loud talking before she was shot in the head and lost
Frank Morris testified that Damon Huff and Darrell Stallings
arrived shortly after Dawn arrived. Morris saw Jessie Jones enter
soon after and saw that he carried a shotgun. While seated on the
couch with the others, Morris saw Jones raise the shotgun and
heard two shots before he lost consciousness. Morris received
shotgun wounds to his eye, face, hand, arm, and hip.
Michael Mills was killed by pistol and shotgun wounds to the
head. Donna Barrett died from a pistol wound to the brain. Two
other witnesses testified that on the same morning they saw
Darrell Stallings and Jessie Jones get out of a blue BMW
automobile on a nearby street. Both witnesses saw Stallings and
Jones exit the BMW and get into a red Ford Escort.
Damon Huff testified he had had possession of the blue BMW in
exchange for cocaine received by Michael Mills, but that title to
the car belonged to Mills. Huff further testified Stallings and
Jones went with him to meet Mills in order to obtain title to the
automobile. The three men drove the BMW and the Ford Escort to
within a block of Barrett's residence. Huff stated he and
Stallings entered the house first and that Jones entered shortly
after with a shotgun. While Huff was talking with Mills about the
drug deal, Stallings shot Mills, Barrett, and Morris, and Jones
fired several shots at Morris before the three left.
Jessie Jones relied upon an alibi defense. He testified he
spent the night with his girlfriend and was helping her children
get ready for school at the time of the shootings. Jones also
stated he spent the rest of the morning at his mother's house.
Huff was arrested soon after the incident. Stallings, however,
escaped and was a fugitive at the time of Jessie Jones' trial. On
January 21, 1988, Jones made a statement to police which
contained an admission that he knew Damon Huff and Darrell
Stallings and had had contact with them on the morning of the
incident. Further, Jones admitted he was told by Huff he could
pay off a debt by going along on a transaction. This statement
was introduced at trial over Jones' objection.
Jones was found guilty of the first-degree murders of Donna
Barrett and Michael Mills and of aggravated battery against Julia
Dawn and Frank Morris. This appeal followed.
The first issue is whether the district court erred in
admitting the statement of Jessie Jones. Jones contends he was
subjected to a custodial interrogation by police without
receiving Miranda warnings and ...