By Mianna Muscat
SACRAMENTO — Defendant Joki Jones appeared in Sacramento County Superior Court representing himself at his preliminary hearing earlier this week, charged with illegally possessing a firearm as an ex-felon, stemming from a 1997 conviction.
Greg White, a California Highway Patrol officer, testified to observing Jones’ pickup truck on December 14, 2018, make a complete stop at a stop sign. But Jones’ tail lights were out and his left side mirror was shattered.
After noting Jones’ license plates were expired, Officer White initiated a traffic stop, and asked Jones if he had any firearms. Jones replied his cousin, who Jones occasionally gave rides to, sometimes left firearms in his vehicle. Officer White performed a background check and discovered that Jones was on formal probation through November 2022.
Officer White located a semi-automatic handgun loaded with seven rounds in a magazine.
In pro per cross-examination, defendant Jones then asked the officer why he was pulled over, recalling that the officer had originally told him the reason was due to an overly dark tint in his car window.
Officer White replied that he might have mentioned that the windows were too dark when asking Jones to roll down his window. But beyond that, the officer did not recall his exact words.
Jones repeated his recollection of the officer’s original reason for initiating the traffic stop. Deputy District Attorney Nikita Skokov objected on the grounds that Jones failed to ask a question. Judge Kevin McCormick advised Jones to rephrase his statement as a question to avoid sounding argumentative.
When the preliminary hearing turned to Jones’ prior felony convictions, Judge McCormick asked Jones if he had his certified rap sheet. He did not.
Prosecutor Skokov directed the judge to the federal rap sheet’s page which listed Jones’ convictions. Judge McCormick read Jones’ 1997 felony for burglary in Reno and asked if Jones had any objections.
Jones asked why that case could be used against him, given the statute of limitations.
Judge McCormick said, “I’m not supposed to be able to give you any assistance—or I’m not supposed to give you any advice and I’m not going to do that. I’m simply asking do you have an objection to it.”
Jones objected. Judge McCormick overruled his objection because the certified rap sheet verified the burglary felony, which was admissible at a preliminary hearing, and also documented Jones’ other past felony convictions.
Addressing Jones’ previous question, Judge McCormick also added, “You asked how can I use it because it’s old? The bottom line is if you have a prior felony conviction you’re not allowed to have any firearms or ammunition… that’s not something that just goes away.”
As Jones began to protest, the judge quickly cut him off, nervously chuckling, “Hang on, hang on, hang on Mr. Jones. I don’t want you to say something that might incriminate yourself… there isn’t a statute of limitations objection that’s a valid one, so I’m overruling it. I’m admitting that the rap sheet shows that you have a qualifying felony conviction.”
Judge McCormick asked Jones if he wanted to enter a not guilty plea. After a pause, Jones said, “How could I plead to something I truly don’t understand? I’m not trained to speak legally.”
Laughing with relief, the judge said, “Perfect. Mr. Jones, you and I couldn’t agree more on that, and I would greatly like to appoint an attorney to assist you. Someone that does understand the system, somebody that’s been to law school, somebody that knows how to negotiate cases, somebody that can speak on your behalf…
“Somebody who could articulate questions that would be helpful to you, somebody who could advocate and challenge the evidence against you effectively. I would love to be able to appoint somebody that could help you,” said the judge.
Jones then stated that he could afford his own attorney.
Judge McCormick set the matter for April 1 at 8:30 a.m. in Dept. 63 for an arraignment, plea, and identification of counsel. The judge stated Jones could use this time to see if he could afford his own attorney, and if not, Jones could let the court know and they would appoint someone to assist him.
The judge wished Mr. Jones luck and Jones exited the courtroom with a casual, “Peace.”
Mianna is a senior at UC Davis studying English Literature and Japanese. She loves reading, archery, playing the guitar, and singing.
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