ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, January 3, 1997 TAG: 9701030089
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
Stephone Jones barely blinked as his lawyers turned down a chance for him to avoid a possible death sentence.
The 17-year-old stared straight ahead and did not speak during a hearing Thursday as Assistant Commonwealth's Attorney Gerald Teaster stated his offer to reduce Jones' capital murder charge to first-degree murder. In exchange, prosecutors wanted Jones to waive a preliminary hearing that had been scheduled for today.
But Jones' lawyers took the unusual step of rejecting the offer, which would have eliminated the possibility of a death sentence.
Tom Blaylock and Greg Phillips, who only recently were appointed to represent Jones after his public defender said he had a conflict, said they hadn't had enough time to investigate the charges against their client.
"Quite frankly, after we've had a chance to investigate this case, we may want to take that offer," Blaylock said.
But until they know more, Blaylock said, Jones is not prepared to give up such an important right as a preliminary hearing - which usually is the first opportunity for the defense to learn about the prosecution's case and evaluate its witnesses.
Jones is charged with killing 17-year-old Antwan Gray in what police say was an attempted robbery.
Gray, who was found lying in a street next to the Lansdowne Park public housing development the night of Dec.11, died from a gunshot wound to the head.
If Jones had agreed to waive his preliminary hearing, a grand jury would have been asked to indict him on a reduced charge of first-degree murder, which carries a maximum sentence of life in prison.
Teaster apparently was surprised that Jones did not accept the offer, and asked that a hearing be held in Roanoke Juvenile and Domestic Relations Court so he could make the refusal part of the record.
"We're talking about life and death here, and it's very important for the defendant to understand that," he said. When Judge John Ferguson asked if the offer would still stand if Jones decided to accept it later, Teaster said he was not sure.
Ferguson granted a motion by Blaylock to continue the capital murder preliminary hearing to Feb.7, saying the lawyers were "entitled to a little more time" to investigate the case.
After the hearing, Blaylock agreed it is unusual for a defendant to turn down a chance to reduce a capital murder charge. But the fact that prosecutors were willing to make the offer so early in the case is probably an indication they do not feel confident about securing a capital murder conviction, he said.
Teaster acknowledged that first-degree murder might be easier to prove than capital murder in this case.
Under a new law aimed at violent juveniles passed last year, Jones will automatically be tried as an adult in Circuit Court after his preliminary hearing in juvenile court. Jones, who also faces unrelated drug charges, is being held without bond.
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