Defense plans to file double jeopardy in murder case - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Defense plans to file double jeopardy in murder case

Michac Jones Michac Jones
Carl Berry Carl Berry
Surveillance video outside of Dollar General. Surveillance video outside of Dollar General.

LOUISVILLE, KY (WAVE) - Defense attorneys plan to file a motion to drop the murder charge against a teen accused of beating a cancer patient to death.

New developments that unraveled inside the courtroom Thursday could change the course of the case.

Police allege Michac Jones attacked Carl Berry outside a Dollar General Store in 2010.

Jones pleaded guilty to the assault in August 2011 in exchange for shock probation. Prosecutors claim that attack killed Berry who died in December 2011.

A grand jury indicted Jones for Berry's murder in late March 2012. Jones pleaded not guilty to the murder charge.

Defense attorneys claim the murder charge should be dismissed against Michac Jones because of double jeopardy. Jones' attorney declined to comment.

"It's two separate and distinct charges. Double jeopardy applies only applies for being charged with the same crime more than one time. Or the same charge more than one time. That's not what's happening here," Assistant Commonwealth Attorney David Scott said.

This came as the prosecution asked for another six-figure bond keeping Michac Jones in jail.

During the pre-trial conference Thursday, prosecutors made a motion for $100,000 bond to keep him in jail.

Jones also faces rape of a child under 12. That's a completely separate case, but one that's holding him on another $100,000 bond.

"He will be held responsible for the rape. He will be held responsible for the murder," Scott said.

Jones is scheduled for another pre-trial conference May 24.

Copyright 2012 WAVE News. All rights reserved.

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