Clifford and Nina Jones operated the Reedy
Creek Restaurant in Wayne County. They lived across the road
from their restaurant. They usually kept in their home over the
weekend more than $1,000 in cash from their business.
Early on Saturday morning, April 26, 1988,
the Jones' daughter, Christy, left for a school-related activity
on Jekyll Island. Fifteen minutes later, Larry Lee, his brother
Bruce Lee, and Sherry Lee (then Bruce Lee's fiancee) drove up to
the Jones home.
Bruce and Larry Lee entered the Jones home
armed with handguns. When Clifford Jones resisted their
intrusion, Bruce Lee killed him. Jones was stabbed, beaten, and
shot six times. His wife, Nina Jones, and their son, Jerold,
were forced into a bedroom. Larry Lee beat the son with his
pistol, stabbed him in the back, and shot him. He shot Nina
Jones three times.
Sherry Lee entered the house while the two
men were preparing to move the body of Clifford Jones. Bruce Lee
ordered her to leave. Soon, Bruce and Larry Lee returned to the
car and drove away. A neighbor saw a car leaving the area at
high speed, and later identified it as Sherry Lee's car. The
Lees stole guns, money, and other items from the Jones home.
Bruce Lee died two months later, during the
commission of another burglary. Larry Lee surrendered to
authorities in Arizona.
1. The evidence, viewed in the light most
favorable to the state, supports the conviction beyond a
reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC
2781, 61 LE2d 560) (1979).
2. Lee contends the trial court should have
excused for cause 21 prospective jurors because they either knew
the victims or had some knowledge of the case from the pre-trial
publicity. However, all of these prospective jurors testified
they could be fair and impartial and could decide the case based
on the evidence presented in court. The trial court did not err
by refusing to excuse these prospective jurors. Chancey v. State,
256 Ga. 415, 425 (3) (B) (a) (349
SE2d 717) (1986).
3. Nor did the court err by denying a change
of venue. Lee v. State, 258 Ga. 82 (9)
(365 SE2d 99) (1988).
4. The trial court did not err by excusing
for cause a prospective juror who, although not opposed to the
death penalty, testified that he would have trouble imposing it,
and that his feelings would interfere substantially with his
ability to follow the instructions of the court. Alderman v.
State, 254 Ga. 206 (4) (327 SE2d 168)
(1985).
5. The parties are entitled on voir dire to
ascertain whether prospective jurors have formed an opinion as
to the guilt or innocence of the accused. OCGA
15-12-133. However, they are not
entitled to ask jurors to prejudge the case. Evans v. State,
222 Ga. 392 (12) (150 SE2d 240) (1966).
There was no error in the voir dire of prospective juror Rogers.
6. On cross-examination, the defendant asked a GBI agent:
During those first couple of months while you were working
on the case, the community, in your opinion, had a very
strong desire to see the killers of the Jones family
apprehended?
The state's objection to the question was
sustained on grounds of relevance. The answer to this question
was, at best, marginally relevant, and the trial court did not
abuse its discretion by sustaining the state's objection. Hicks
v. State, 256 Ga. 715 (13) (352 SE2d 762)
(1987).
7. The trial court did not err in instructing
the jury not to consider whether Lee would be given consecutive
or concurrent life sentences, or when he would be eligible for
parole if he were given a life sentence. Quick v. State,
256 Ga. 780 (353 SE2d 497) (1987).
Sentence Review
The evidence supports these findings. OCGA
17-10-35 (c) (2). Compare Beck v.
State, 255 Ga. 483 (5) (340 SE2d 9)
(1986).
9. The sentence of death was not imposed
under the influence of passion, prejudice or other arbitrary
factor and is neither excessive nor disproportionate to
sentences imposed in similar cases, considering both the crime
and the defendant. OCGA 17-10-35
(c) (1) and (c) (3).
Glenn Thomas, Jr., District Attorney, John B.
Johnson III, Stephen D. Kelley, Assistant District Attorneys,
Michael J. Bowers, Attorney General, Leonora Grant, for appellee.