Marcellus A. Jones did not spit at a corrections officer in June 2014 at State Correctional Institution/Mahanoy, a Schuylkill County jury ruled Monday.
However, Jones, 37, of Philadelphia, will be going nowhere except back behind bars, since he already is serving a life sentence for first-degree murder.
After deliberating about 15 minutes, the jury of eight men and four women decided he was not guilty of aggravated harassment by prisoner and simple assault. Judge James P. Goodman, who presided over Jones’ one-day trial, also found the defendant not guilty of harassment.
Jones smiled and thanked the jury for its verdict.
State police at Frackville alleged that while Jones was being transferred to a different cell at SCI/Mahanoy, he spat on Lt. Jeffrey Banks on June 30, 2014.
“He spat in my direction. He sprayed the left side of my face. I believe all I did was flinch and raise my arm,” Banks testified.
Banks also testified that Jones was uncooperative during his transfer.
“He kept squirming,” Banks said. “There was just no compliance.”
When cross-examined by Hank J. Clarke, Pottsville, Jones’ lawyer, Banks said the defendant refused to move initially but then did so, although he complained the entire trip.
Corrections Officer Paul Peters also testified he saw Jones’ saliva hit Banks. He said Jones originally was uncooperative but did walk to his new cell.
Corrections Officer Christopher Swartz testified he filmed the entire move and also saw Jones spit on Banks.
In her closing argument, District Attorney Christine A. Holman said the evidence proved Jones’ guilt.
“It’s clear” that Jones spat on Banks, and nurse Sherry Whitecavage also saw the spit on the victim, Holman said. “This was spit. It was saliva. He was put in imminent fear.”
However, jurors accepted Clarke’s closing argument that the video Swartz shot did not show any spitting by Jones but does show him treated roughly by the officers.
“They’re just wrong, and the video shows that,” Clarke said of the corrections officers.
Jones already is serving life plus 12 1/2 to 25 years after being convicted on June 4, 2012, in Philadelphia County Court of first-degree murder, robbery and possessing instrument of crime. He is scheduled to appear in court on June 24 in Philadelphia before Judge Steven R. Geroff, who presided over his trial and imposed the sentence he is serving, on his petition for a new trial in that case.
Philadelphia police charged Jones with killing Tyrek Taylor, 19, on Sept. 6, 2008.
The defendant
· Name: Marcellus A. Jones
· Age: 37
· Residence: Philadelphia
· Verdict: Not guilty of aggravated harassment by prisoner and simple assault; also found by judge to be not guilty of harassment