In the Court of Appeals First Appellate District of Ohio Hamilton County, Ohio
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, : APPEAL NO. C-170647 TRIAL NO. B-1602671 Plaintiff-Appellee, : O P I N I O N. vs. : EARL JONES, : Defendant-Appellant. : Criminal Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded Date of Judgment Entry on Appeal: January 31, 2020 Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for Plaintiff-Appellee, Timothy Young, Ohio State Public Defender, and Peter Galyardt, Assistant State Public Defender, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS CROUSE, Judge. {¶1} Defendant-appellant Earl Jones appeals his convictions for aggravated murder and carrying a concealed weapon. In his appeal, Jones raises nine assignments of error for our review. For the reasons set forth below, we affirm in part and reverse in part the judgment of the trial court. Facts and Procedure {¶2} In 2012, defendant-appellant Earl Jones fathered a child with Cyerra Prather. Jones and Prather dated for the next three years and eventually ended their relationship in October 2015. Approximately two months later, in December 2015, Prather began dating Kevin Neri. From January 2016 to May 2016, Neri lived with Prather and her family. {¶3} There was instant animosity between Jones and Neri. Jones regularly referred to Neri through racial epithets and directed vulgar insults at both Neri and Prather. Because of the relationship between Jones and Neri, Prather’s family took various steps to reduce the chances for confrontation.
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