Buffalo police responded to a 911 call about a domestic disturbance and found an elderly woman dead in her living room. Years later, a legal technicality would keep the case from ever reaching a jury.
The Incident
On the morning of November 21, 2021, Buffalo Police responded to a residence on Highgate Avenue after a 911 call reporting a domestic disturbance. Officers found Jamien Harris at the front door and discovered her grandmother, 90-year-old Catherine Jones, who had dementia, dead in the living room from a gunshot wound to the chest.
Initial Proceedings
In November 2022, Harris pleaded guilty to two felony counts of criminal possession of a firearm and was sentenced to five years of probation months later. In May, the Erie County District Attorney's Office announced a second-degree murder indictment against Harris in connection with her grandmother's death.
The Double Jeopardy Issue
Harris's defense argued that pursuing the murder charge after her earlier guilty plea to a related weapons charge violated her Fifth Amendment protection against being tried twice for the same conduct. The judge overseeing the case agreed, and the murder charge was dismissed. The dismissal reflects a legal procedural issue rather than a determination of Harris's guilt or innocence in her grandmother's death.
The Family's Reaction
Catherine Jones' son, Roosevelt Jones, said the dismissal felt like a betrayal, expressing frustration that Harris was not being held accountable for his mother's death.
An Appeal
The Erie County District Attorney's Office has said it plans to appeal the dismissal, meaning the case could potentially be revived if a higher court finds the dismissal was made in error.
FAQ
Why was the murder charge dismissed?
The judge agreed with defense arguments that prosecuting the murder charge after Harris's earlier guilty plea to a related weapons offense violated double jeopardy protections.
Does the dismissal mean Harris was found innocent?
No. It reflects a legal procedural bar to prosecution, not a finding on guilt or innocence.
Is the case over?
Not necessarily -- the district attorney's office has said it will appeal, which could potentially revive the charge.