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Early release granted for defendant in fraternity shooting case
By Joe Gorman
YOUNGSTOWN
It might have been hard Tuesday to understand the words Shirlene Hill was speaking to Judge John Durkin as she urged him – through tears – to keep one of the men convicted in her son’s death in prison until his sentence is completed.
But there was no mistaking the pain she felt as she recounted how much the Feb. 6, 2011, shooting death of her son Jamail Johnson still hurts.
“I thought this nightmare would be over for me for the rest of my life,” Hill said during a judicial release hearing for Mark Jones, 30.
“My heart is hurting. I’ve got a life sentence without Jamail. My heart is dying every day. Every day of my life.”
After a hearing in Mahoning County Common Pleas Court, Judge Durkin agreed to a request by Jones to be released early from a 15-year sentence he was serving after he pleaded guilty to charges of involuntary manslaughter and 10 counts of felonious assault in the shooting that killed Johnson, 25, and wounded 10 others at a fraternity off the campus of Youngstown State University.
As part of his plea agreement, prosecutors agreed not to oppose a motion for judicial release after five years, provided Jones did not get into trouble in prison. The time he served in jail waiting for the disposition of the case was counted as credit toward the five-year minimum.
His brother, Columbus, was sentenced to 92 years to life in prison for Johnson’s death and a second man, Jamelle Jackson, is serving a sentence of 90 years to life after both were convicted in trials in front of Judge Durkin. The shooting stemmed from a fight that broke out on the dance floor at the party. Witnesses said Johnson was killed when he tried to usher other partygoers away from the shots.
Authorities said Mark Jones passed a gun to Columbus Jones that was used in the shooting.
Hill opposed early release. “If he [Mark Jones] hadn’t passed a gun, my son would not have gotten killed and 11 other children would not have been injured that day,” Hill said. “I can’t even fathom that he would get out one minute, one second early.”
Lynn Johnson, an aunt of Jamail Johnson, said her nephew showed courage by ushering others to safety and taking a bullet for them. She said it was the perfect example of the love God has for people.
“If Mark would’ve had the same attitude and principle, he would’ve told his brother to stop,” Lynn Johnson said.
Tom Zena, lawyer for Mark Jones, said his client has kept out of trouble in prison and has availed himself of every program to make his life better. Zena said his client’s involvement in the shooting was a mistake and that he took responsibility for his actions by pleading guilty.
Jones apologized: “I know through my actions I put them [Johnson’s family] through a lot of pain.”
Judge Durkin said he re-read the transcripts of the hearing when Mark Jones was sentenced. He also said in both trials in the case, the name of Mark Jones was not mentioned often. The judge said he would grant Jones’ request but placed him on five years’ probation. He urged Jones to be an example for others.
Afterward, Hill said she stands on her faith in God and vowed to continue helping other mothers whose children have been killed. She stayed for the hearing after Jones’, which was for a man being sentenced on a murder charge.