Jury selection begins Monday for Jones murder trial in which self-defense could be argued
Jury selection begins Monday in a murder case in which self-defense and protection of property are expected to be key arguments.
Jarrett Jones, 50, Bath, is charged with murder in the death of Jon Schumacher, 28, who was shot in the early morning hours of Jan. 2, 2020, at Jones' home.
Three weeks have been set aside for the trial, which includes three days for jury selection.
What happened?
Schumacher was dating Makayla Jones, the daughter of Jarrett Jones. On the evening before his death, Schumacher had been driving Jarrett Jones' truck and was pulled over and arrested, charged with driving under the influence.
Jarrett Jones eventually recovered the pickup and took it back to his shop, according to court paperwork.
More: Bond set at $1 million in murder case
When he was released from custody, Schumacher asked to be taken to Jones' home to see Makayla. That was about 1:20 a.m. Although asked to leave, Schumacher refused, according to court paperwork. Jones eventually pulled a gun on Schumacher and shot him, according to the charges. Law enforcement was called at 1:37 a.m.
Schumacher was shot twice. In reporting the incident, Jones claimed he feared Schumacher was going to harm his daughter and that he also felt threatened, according to court paperwork.
Possible defense strategy
Motions hearings leading up to the trial have already revealed some defense arguments, which included the claim that Schumacher was lunging toward Jones right before Schumacher was shot.
While video surveillance is available from inside Jones' shop, the video shows Jones pointing a gun at Schumacher who is out of frame.
Defense attorney Marshall Lovrien also submitted motions to dismiss the case, one of which was based on a new law that went into effect in 2021. It provides criminal immunity if a person uses deadly force in certain instances that include self-defense and defending another person. In those cases, deadly force is allowed if the person believes it's necessary to prevent imminent death or great bodily harm to himself or herself or the other person. In defense of property, deadly force is justified to prevent the imminent commission of a forcible felony.
While judge Richard Sommers has agreed the new state law could be applied retroactively and include events that happened prior to when the state law went into effect, he did not agree that the case should be dismissed. Instead, a probable cause hearing was scheduled, and Sommers ruled there was probable cause to proceed with trial.
How will jury selection work?
Jury selection begins with what's called voi dire. That's when a panel of possible jurors is questioned by the prosecuting and defense attorneys.
Typically, a full panel of 65 jurors is questioned in one group. Attorneys initially discussed questioning a half panel of potential jurors at a time, given concerns about COVID-19. But Brown County State's Attorney Ernest Thompson said acjury panels can't be divided, so a a full panel will be questioned Monday with a second panel on Tuesday. If needed, a third panel will be questioned on Wednesday.
Voi dire will continue until attorneys have approved 56 jurors. The next step will be the strike-down process in which jurors are eliminated until a 12-member jury and four alternates are selected.
In a typical trial, two alternate jurors are selected, but in light of COVID-19 concerns, four alternates will sit for the trial. The alternates will deliberate only if one or more of the main jurors is excused during the trial.
Who are the attorneys and judge?
The prosecution team is led by Thompson. Additional prosecutors are Brown County Deputy State's Attorney General Brent Kempema and Assistant Attorney General Kelly Marnette.
The defense attorneys are Lovrien and Bill Gerdes, both from Aberdeen.
Sommers is presiding over the case.
This article originally appeared on Aberdeen News: In Jarrett Jones murder trial, jury selection begins Monday
