State v. Jones6/15/2000
se murders while on parole for another offense. Thus, he did not prove the good character factor.
Jones next argued that he is the product of a dysfunctional family. A dysfunctional family history may be a mitigating factor if it has a relationship to or affects the defendant's behavior at the time of the crime. See State v. Mann, 188 Ariz. 220, 231, 934 P.2d 784, 795 (1997). Jones produced evidence that his parents were divorced when he was young and he had no contact with his father after he turned seven years old. His mother remarried twice and had children by each of these marriages. Both stepfathers, Eugene and Ronnie, were physically and emotionally abusive, as were Jones's mother and grandmother. Jones was introduced to drugs by his stepfather, Ronnie, when Jones was only fourteen years old. Ronnie also beat Jones, his mother, and his siblings on a regular basis, and threatened to kill them all. Ronnie kicked Jones out of the home, and Jones became homeless and dropped out of school. As a result, he began to use drugs almost continuously.
Even if these facts were proven, they do not necessarily constitute mitigating factors. The trial court noted that the defense also produced numerous pictures depicting him as a happy child in a normal household. Even more importantly, the court noted that no causal connection existed between the childhood abuse and the murders. A defendant is not entitled to mitigating weight in the absence of a nexus between his family history and his violent behavior. See State v. Martinez, 321 Ariz. Adv. Rep. 6, 14, __ Ariz. __, __ P.2d __ (2000). Jones argues that, at the very least, his treatment during childhood led him to spend most of his life under the influence of drugs. As already noted, however, no evidence showed that he was intoxicated at the time of the murders. Therefore, although this factor has been proven by a preponderance of the evidence, the trial court properly gave it no mitigating weight.
Jones next argued that his history of providing emotional and financial support to his mother and sister indicated he did good deeds before the murders. A great number of good deeds may be a mitigating circumstance. See State v. Willoughby, 181 Ariz. 530, 549, 892 P.2d 1319, 1338 (1995). The only evidence that Jones presented, however, was that once he grew big enough, he protected his sister and mother from beatings by Ronnie. His actions convinced his mother that she could leave Ronnie and fend for herself. The trial court recognized that these facts were "scant evidence" of good deeds, particularly in light of all the heinous crimes Jones committed. For these reasons, the trial court properly found that the factor had not been proven by a preponderance of the evidence.
Jones also presented affidavits from his mother and sister that indicate their love and support of him. Although close family ties may be mitigating, see State v. Poland II, 144 Ariz. 388, 406-07, 698 P.2d 183, 201-02 (1985), general statements of support carry little weight. See State v. Gulbrandson, 184 Ariz. 46, 71, 906 P.2d 579, 604 (1995). The trial court found that while Jones's sister and mother love him and care for him, these facts did not mitigate the crimes. While in his mother's custody during parole, Jones continued to engage in criminal activity. Therefore, although Jones proved by a preponderance of the evidence that he has family support, the trial court properly found that the fact was only slightly mitigating.
Jones next argued that he showed good behavior during the course of the trial. Although this factor has rarely been considered mitigating, it may be assigned some value. See State v. Spears, 184 Ariz. 277, 294, 908 P.2d 1
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