Detroit Residents Advancing Civilian Oversight

Kathy Montgomery (left) and Kinda McKinney-Anderson (Right) hold vigil outside courthouse on April 4, 2023.

Dewayne Jones, DRACO, Event, Events, News Release, Oversight, Police Brutality, Police Commission, Sheldy Smith

DRACO’s Response to Dewayne Jones Assault Case Outcome

April 8, 2023April 8, 2023 boman4detroit

By Scotty Boman, Founder
Detroit Residents Advancing Civilian Oversight

On April 4th Sargent Dewayne B. Jones was scheduled for a Final pretrial hearing, in the courtroom of Honorable E. Lynise Bryant on assault charges. These were pertaining to the emergency room beating of patient Sheldy Smith on August 1st 2018. However, nothing was streamed from that courtroom that morning. The register of action for that hearing indicated that the defense had requested an adjournment, in other-words the hearing was to be postponed. As of the evening of April 4th, no new hearing date was posted.

Members of Detroit Residents Advancing Civilian Oversight (DRACO) and other concerned citizens, had been vigilant in following the court schedule. The April 4th hearing was to be the 4th “final” pre-trial hearing. At previous “final” pre-trial hearings the prosecution and defense attorneys said the were still in negotiations for a possible agreement. They were outside the 36th District that day to express their displeasure with the way this case was handled and with the failure of the Board of Police Commissioners (BOPC) to Provide meaningful civilian oversight of the Detroit Police Department.

On April 5th the Register of actions revealed that there had been a hearing on the morning of April 4th, and that the charge had been changed to Disorderly Conduct. It also showed a plea of nolo contendere on the part of Jones. There was an additional hearing on April 5th where a sentencing hearing for May 12th was Scheduled (thereby implying that the court had found Jones to be guilty).

I have heard from a number of community members who share my opinion that the courts and prosecution have been far too lenient on Dewayne Jones. The felony misconduct charges should be reintroduced (if possible under the new plea agreement). Reclassifying the assault to being disorderly conduct doesn’t change the fact that said conduct was an act of violence. There is some solace in the fact that the courts have, again, found jones guilty of a crime. Based on his plea he won’t be able to appeal this misdemeanor.

Still it was an injustice that Jones got probation on the initial assault charge with no jail time. We are hopeful, but not holding our breath, that the court will have Jones serve some time on this latest charge. It was also unjust for him to be promoted to Sargent from Corporal while the prior guilty verdict was still in effect. The city failed to address the contractual loophole that enabled Jones to be promoted, in violation of the Detroit City Charter, after the BOPC had unanimously denied it.

Still the greatest injustice is the fact that the victim, Sheldy Smith, has been held against her will (at the Walter P. Reuther Hospital), without charge, and prohibited from giving her side of the story. Family members, including her Sister Ashley, have been denied visitation or communication with her. Meanwhile her victimizer walks free.

DRACO members, NAN members, and Sacred Heart Minister Eric Blount Demanding acountability in the DPD. Literacy activist John Telford in front.

DRACO, Events, News Release, Police Brutality, Police Commission

Dewayne Jones (Cop on video beating patient) Third Pretrial for Third Trial This

February 24, 2023February 24, 2023 boman4detroit

NEWS ADVISORY FOR IMMEDIATE RELEASE

Scotty Boman, D.R.A.C.O. Founder (Event organizer)
Phone: (313) 247-2052 [Voice Only] Texting Phone: (313) 338-9769 [Text Only]
ScottyEducation@yahoo.com
Draco.Life

Ashley Smith, victim’s sister
Phone: (254) 290-7303
justice4sheldy@gmail.com

Lory Parks, National Action Network
Phone: (313) 492-6774
February 24^th, 2023

Dewayne Jones (Cop on video beating patient) Third Pretrial for Third Trial This Friday

When: Hearing at 9:10 AM News Conference 11:00 AM Friday February 24^th.
Where: 36^th District Court building 421 Madison Street. Detroit, MI 48226.
Hearing: “Court room” of Honorable E. Lynise Bryant.
(There is a link to view the hearing remotely in the 36^th District Court website).
Third “Pre-trial Hearing” for Case No. 1806106901. Dewayne Berran Jones. Assault and battery case.
Why now? Dewayne Jones’ 3^nd pretrial hearing (for his third trial) is at 9:10 AM.

Detroit, MI – Sargent Dewayne B. Jones is scheduled to have a third trial. The first pretrial hearing, for this third trial, was on November 1^st 2022 but prosecuting attorney Joshua Holman asked for an extension. He said he wanted more time to discuss the potential of a third trial with the defense. The same thing happened again on December 20^th and the prosecutor gave the same reason. Previously, a hung jury caused a mistrial on October 14^th. The first jury trial ended in a verdict of “Guilty” in the August 1^st 2018 assault of emergency room patient and mother Sheldy Smith. Jones was a corporal at the time of the conviction. The second trial was granted in response to an appeal.

Members of Detroit Residents Advancing Civilian Oversight (DRACO), National Action Network, and others, Will hold a news conference outside the 36^th District Court, at 11:00 AM this Friday to give their reaction to the outcome of the hearing. They will also express their outrage with the injustice surrounding the August 2018 beating of hospital patient Sheldy Smith by then-Corporal Dewayne B. Jones. They called for reforms and a more effective Board of Police Commissioners.

Jones was convicted of assault and battery in connection with the beating, but received a promotion to the rank of Sergeant by the Detroit Police Department. His penalty for the assault was probation, but he could still be tried for a felony misconduct charge because it was dismissed without prejudice on January 15^th 2019. Activists are calling on Wayne County Prosecutor Kym Worthy to reintroduce those charges, given the large amount of video evidence that surfaced, and the fact that Jones still had a badge and a gun while on probation.

On April 21^st 2021 Jones was granted a new trial. On Wednesday January 12^th he had the initial pre-trial hearing in the courtroom of Judge E. Lynise Bryant at 11:00 AM. On August 1^st the Final Pretrial was rescheduled to August 10^th.

DRACO founder Scotty Boman said, “Dewayne Jones was able to get a promotion in spite of being a convicted violent criminal…He wasn’t held accountable. Now he is trying to be exonerated while his victim (Sheldy Smith) remains captive and isolated from her family. This isn’t justice.”

-END-

DRACO, Oversight, Police Brutality, Police Commission

Statement from D.R.A.C.O. After the Trial of Dewayne B. Jones

September 14, 2022December 19, 2022 boman4detroit

On the afternoon of September 13^th Defense Council Margaret S. Raben and Prosecuting attorney Joshua C. Holman delivered closing arguments, and the fate Sargent Dewayne Jones was placed in the hands of the Jury.

Jones is charged with the misdemeanor assault of patient and mother Sheldy R. Smith on August 1^st 2018 at Detroit Receiving Hospital. Scotty Boman is the founder of Detroit Residents Advancing Civilian Oversight (DRACO). This is his statement on behalf of that group:

In the first days of the trial the court performed its due diligence in impaneling an impartial jury. The court limited arguments to avoid the introduction of opinions from civilians as to whether Jones’s use of force was reasonable. The defense made compelling arguments that Jones may have needed to use force during the encounter, however she failed to show that it was necessary, or legally reasonable, for Jones to punch Smith during critical moments. On Monday she even asked for a directed verdict.

The prosecuting attorney emphasized that, under law, force must be permissible at the time that the action occurred or the defendant’s behavior would be a battery. So the moments that mattered were the same moments captured by cell-phone videographer Ciara Morgen, who was in the waiting room when the beating started. Under law the force must be necessary for defensive purposes or for an officer to carry out his lawful duty.

At the time the Jones began punching Smith, she was being lifted up by another officer, the other officer had her restrained while Jones delivered a dozen punches. He continued punching her after hospital staff indicated they had her, including blows to the back of her head and back while she was turned away from him. While her words were offensive and disturbing, Ms. Smith never hit any of the people involved. She struggled to break free, but not to attack. Clearly, as the prosecution indicated, there was no credible claim to self-defense. During those moments, it was not necessary to strike her as she was being restrained. One officer even tried to pull Jones back from Sheldy.

Clearly, the people proved their case. Jones is guilty beyond a reasonable doubt. Felony misconduct charges should also be reinstated. But this case is bigger than one man or one woman. There is clearly a need for systemic change. The Board of Police Commissioners (BOPC), in consultation with the Detroit Police Department (DPD), needs to revise use of force policies to unambiguously limit “hard hand” or “closed hand” (BKA Punching) to circumstances where it is the most effective method and is necessary. The new contract between the DPD and the Detroit Police Officers Association must include language that recognizes the authority of the BOPC as described in the Detroit City Charter.”

Outcome

On September 14^th Judge Bryant declared a mistrial due to a hopelessly deadlocked Jury.

On November 1^st There was a pretrial hearing, but prosecuting attorney Holman asked to reschedule the hearing because of on going discussions with the defense.

The next pretrial hearing is scheduled for December 20^th 2022.

Permission granted to reproduce, in whole or part, with attribution. Redaction of names (while retaining title) is recognized as reasonable editorial license and the statement may still be quoted.

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Dewayne Jones (Cop recorded punching hospital patient) Second Assault Trial September 6th

September 6, 2022September 6, 2022 boman4detroit

When: Hearing at 1:30 PM News Conference 1:00 PM to 1:45 PM Tuesday September 6^th.
Where: 36^th District Court building 421 Madison Street. Detroit, MI 48226.
Trial: Court room” of Honorable E. Lynise Bryant. “Trial” for Case No. 1806106901. Dewayne Berran Jones. Assault and battery case.
Why now? Dewayne Jones’ trial is scheduled for 1:30 PM Tuesday. (Also on the 7^th 8^th and 9^th at 10:30 AM)

Detroit, MI –Members of Detroit Residents Advancing Civilian Oversight (DRACO) and other prominent community members have scheduled a News Conference for 1:00 AM to 1:45 PM so they can comment on the potential outcome of the trial, and to stimulate community awareness of the ongoing case. They will also speak to the need to revise use-of-force training and remove loopholes in the DPD contract that usurps the authority of the Board of Police Commissioners.

On August 10^th Judge E. Lynise Bryant granted defense requests to deny comments from emergency room staff on acceptable restraint. “Some of us are concerned that people with expertise on handling difficult patients won’t be heard. Hospital staff are trained in how to restrain patients without punching them or causing injury.” Said DRACO founder Scotty Boman. He went on to say, “This trial is heavily slanted in the defendant’s favor since the victim isn’t allowed to testify. He had that advantage before and was still convicted. Now he gets another bite of that apple.”

Jones was convicted of assault and battery in connection with the beating, but received a promotion to the rank of Sergeant by the Detroit Police Department. His penalty for the assault was probation, but he could still be tried for a felony misconduct charge because it was dismissed without prejudice on January 15^th 2019. Activists are calling on Wayne County Prosecutor Kym Worthy to reintroduce those charges given the large amount of video evidence that surfaced, and the fact that Jones still had a badge and a gun while on probation.

On April 21^st 2021 Jones was granted a new trial.

The remainder of the trial…

Also the trial starts at 10:30 AM on Wednesday through Friday. Depending on what happens Tuesday, we may hold a News Conferece at 1:00 PM Wednesday to comment on what happened earlier in the trial (which may still be going on) likewise on Thursday. We may hold a conference at 10 AM Thursday.

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Dewayne Jones Pretrial for Second Assault trial Postponed to August 10th

September 6, 2022September 6, 2022 boman4detroit

Voice of Detroit Covered this event here:
https://voiceofdetroit.net/2022/08/02/group-wants-dpd-cop-dewayne-jones-fired-for-2018-beating-of-distressed-woman-sheldy-smith-in-er/

Why now? Dewayne Jones’ trial is scheduled for 1:30 PM Tuesday. (Also on the 7^th 8^th and 9^th at 10:30 AM)

Jason Colthorp interviewing DRACO Founder Scotty Boman on August 1. It was election eve. and the 4 year anniversary of Sheldy Smith being beaten.

Detroit, MI –Members of Detroit Residents Advancing Civilian Oversight (DRACO) and other prominent community members have scheduled a News Conference for 1:00 AM to 1:45 PM so tey can comment on the potential outcome of the trial, and to stimulate community awareness of the ongoing case. They will also speak to the need to revise use-of-force training and remove loopholes in the DPD contract that usurps the authority of the Board of Police Commissioners.

Jones was convicted of assault and battery in connection with the beating, but received a promotion to the rank of Sergeant by the Detroit Police Department. His penalty for the assault was probation, but he could still be tried for a felony misconduct charge because it was dismissed without prejudice on January 15^th 2019. Activists are calling on Wayne County Prosecutor Kym Worthy to reintroduce those charges given the large amount of video evidence that surfaced, and the fact that Jones still had a badge and a gun while on probation.

On April 21^st 2021 Jones was granted a new trial.

The founder of DRACO is former District 4 Community Advisory Council Chairperson Scotty Boman. He said, “Dewayne Jones was able to get a promotion in spite of being a convicted violent criminal. In spite of the conviction he wasn’t held accountable. Now he is trying to be exonerated while his victim (Sheldy Smith) remains captive and isolated from her family. This isn’t justice.”
Diane Bukowski of Voice of Detroit posted this video: