On Oct. 1, Jones broke into his bedroom door on the lower level of the home. Following an altercation with his father, strangled Richard E. Jones, stabbed the 72-year-old twice in the neck and then stomped on his face with his size 16 shoe.
Jones, 50, took the stand on Tuesday and admitted killing his father, but said it was because he “snapped” after years of abuse and death threats his father allegedly made to him that day.
Prosecutor Mike Gmoser said murder is never the answer.
“The deserved-to-die defense will never be accepted by this prosecutor, not now or ever,” he said. “Whatever circumstances there were between father and son, that did not justify self defense, which was not evident in this case. Other evidence that the father somehow deserved to die will always lack merit and never be justified and is not justified under the law.”
Judge Michael Sage informed the attorneys Wednesday morning he would not allow jurors to consider self defense, involuntary manslaughter or straight murder. Jones was recorded five hours before the murder, while on hold with the Middletown police, saying he was going to kill his dad.
Sage said the threats the son uttered well in advance of the act precluded him finding Jones suffered a sudden fit of rage.
Jones’ sister, Dee Dee Mitchem, who was banned from the courtroom twice on Wednesday — once for an outburst and again for saying goodbye to her brother before the verdict was read — said she no longer believes in the justice system. She said family members, most of whom traveled out-of-state to testify for her brother, should have been allowed to tell about her father’s abuse.
“I don’t believe that my brother went there with that intent, even if he made the threat on the phone call earlier. We all, all constantly said we wished my dad was dead...,” she said. “The truth is, we all, all constantly had a love/hate relationship with dad. We all threatened we wished he was dead or we wanted to kill him, but we didn’t mean it. And I know five hours later Ricky didn’t mean it.”
During closing arguments earlier in the day, Assistant Prosecutor Josh Muennich told the jury Jones gave them the perfect proof they needed to find he killed with prior calculation and design.
“How do you know when someone means what they say... He says half a dozen times that he’s going to kill his father, my father needs to die, I’m gonna do it,” he said. “I submit to you, the mangled corpse of his father is that proof that he meant what he said.”
Defense attorney Frank Schiavone, Sr. said it was obvious the taped call to the police tipped the scales.
“The jury found that the tapes spoke volumes,” he said. “When he said I’m going to go kill him and then did it, satisfied the jury apparently.”
He said they accept the verdict, but the case will be appealed. Sage set sentencing for April 4. Jones faces life in prison or parole after a number of years.
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