Jacob Tyler Fortney, 19, was found not guilty on all four counts, including the most serious, manslaughter. One of six friends charged in a fight last July, he was the first to be tried in a case that prompted a civil rights investigation by federal authorities.
The case against Fortney was presumed to be the strongest of all, and no trials were scheduled for the others pending its outcome. Lawyers for two of the other defendants urged prosecutors to drop charges, and the lead prosecutor in the case said he will begin looking at the rest of them today.
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“Justice would require dismissal of the charges against Mr. McLeod,” said assistant public defender Karl H. Gordon, one of the attorneys for co-defendant Richard Elbert McLeod.
Gordon said he planned to file requests in Anne Arundel Circuit Court today seeking a new bail hearing – McLeod is on no-bond house arrest – and a meeting about the trial.
Karl Goodman, a lawyer for Gregory Florentino, said he hopes that yesterday’s verdict will mean an end to charges against his client.
Local civil rights leaders, who were disappointed with the verdict and noted the racial issue that loomed over Jones’ death, stood by Fortney’s lawyers as all implored the community for calm and racial healing. Black community leaders vowed to continue to press for answers about Jones’ death.
“We are concerned that the verdict has exacerbated relations between the black and white communities,” said Carl O. Snowden, a black activist and aide to County Executive Janet S. Owens.
Racial concerns
Police – echoed by Fortney’s attorneys in court – said they did not find a racial motive behind Jones’ death. No hate crime was alleged against any of the six men charged.
Jones was black. The six accused of killing him are white. Some in the African-American community, including Jones’ mother, contend that there had been animosity kindled by Jones’ interracial relationships.
“We are not giving up on this. Someone is responsible. Someone knows what happened,” said Gerald Stansbury, president of the county chapter of the National Association for the Advancement of Colored People.
The verdict came after four hours of deliberation by an all-white jury.
Two alternates, black women, said they were not of the same mind as the jury.
“I’m disappointed with the outcome about the case,” one said, noting she felt there was a racial component.
The other said outside the courthouse that she thought Fortney should have been convicted of the misdemeanor assault and reckless endangerment charges, but not of manslaughter and first-degree assault – the more serious counts.
The victim’s mother ran from the courthouse as the verdict was read.
“It is not over, it’s not over,” Robin Jones cried out.
Fortney’s lawyers expressed their and the Fortney family’s condolences to Jones, saying her son “did not deserve to die that night” but that their client was rightfully acquitted.
They have offered to meet privately with the Jones family to review evidence in the case, said David W. Fischer, one of Fortney’s attorneys.
Rene C. Swafford, Jones’ attorney in a civil lawsuit against the owners of the home where the fight began, watched the trial, saying testimony about underage drinking and adult supervision would be important to her.
Jones, 17, would have been a senior this year at Northeast High School.
Carlise Green, 18, a Northeast senior who once dated Jones, said going back to school today would be “awkward more than anything.”
“Northeast is going to be an interesting place tomorrow,” Green said at a vigil last night near where Jones died. “We’ll have to try and keep our cool, but nobody’s happy.”
The school system issued a statement saying that officials will focus on the safety and security of everyone at Northeast High School. Additional counselors, administrators and psychologists from throughout the district will be on hand, a spokesman said.
Charges will be dropped against the state’s key witness, Joshua David Bradley, under terms of an agreement he made in March to testify, said Deputy State’s Attorney William D. Roessler, who headed the trial team.
Bradley testified that Fortney jumped on Jones’ face when Jones was on the ground. Medical experts said Jones probably suffered mortal brain injuries in the fall, which might have been worsened by later blows – but said they could not substantiate Bradley’s description of a leap onto Jones’ face.
“We believe Joshua Bradley testified truthfully,” Roessler said.
Afraid of both sides
Bradley’s attorney, Richard Finci, said his client, who steadfastly maintained that he did not touch Jones, fears for his safety.
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“He specifically said he was afraid of people on both sides,” Finci said. “He’s persona non grata.”
Finci said Fortney’s role in Jones’ death was unclear and that, despite the verdict, he expects the others will be prosecuted, based on other evidence.
Still, a hurdle for prosecutors remains, he said, because Jones was in a group that showed up at the house uninvited and armed. Two of his friends are charged with bringing weapons.
“The whole thing started clearly as a result of Jones and his friends … going to a house with guns and a Taser. He was going where he didn’t belong,” Finci said.
Defense lawyers said they believed the verdict hinged on the jury’s view of Bradley’s testimony and the medical evidence.
The verdict was met with gasps and sighs.
Fortney, 19, hugged his relatives in the courtroom. He left silently, flanked by his family, which has quietly supported him since the fatal July 24 melee outside his friend’s house.
Vigil for Jones
At a vigil last night near the spot where Jones died, a racially mixed group of about 30 friends and family passed around a lighted candle and shared memories and prayers for Jones.
Robin Jones arrived at the vigil more composed than she was after the verdict, expressing a mixture of sadness and laughter.
“I expected this,” she said of the verdict. “I’m still mad, but I expected this.”
But she said of the possibility that the other men charged will be convicted: “Of course, I have hope.”
Sun staff writers Phillip McGowan and Childs Walker contributed to this article.
<!– ART CREDITNANINE HARTZENBUSCH : SUN STAFF
ART CREDIT–> <!– CUTLINE TEXTJacob Tyler Fortney leaves the Anne Arundel Courthouse with his mother, Brigette Turner, after being cleared of manslaughter.
CUTLINE TEXT–> <!– ART CREDITNANINE HARTZENBUSCH : SUN STAFF
ART CREDIT–> <!– CUTLINE TEXTA distraught Robin Jones cries out after the acquittal of Jacob Tyler Fortney in the beating death of her son, Noah Jamahl Jones. Cases against five other young men are being reviewed.
CUTLINE TEXT–>