But the most important question might be, “Where’s the evidence?”
If you live in Knoxville (or indeed, anywhere in this country), you’ve heard about the Zaevion Dobson case. President Obama himself pointed out the heroics of the young man, who was killed during his attempts to shield three young women from gunfire.
Today’s preliminary hearing shows us once again that there is no concrete evidence that links the accused to the death of Zaevion Dobson.
The original charge our client faced was a convicted felon in possession of a handgun. They want to paint the accused as guilty, but they have no gun. They have no evidence putting him at the alleged crime scene. All they have is the testimony of a police officer who claims the accused admitted to shooting a gun – not to shooting Mr. Dobson, not to shooting at anyone at all. He has, in fact, vigorously denied the shooting.
Doing what is right under the law
Banks & Jones’s T. Scott Jones told WBIR last month that the hearing would allow him to “glean what evidence the state might have against his client” because “the state [had] been somewhat coy in that he’s only been charged with Felon in Possession of a Firearm.” Today’s hearing proved Attorney Jones’s point: what should have remained a case about probation violation could become a full-fledged murder charge despite the lack of evidence that links the accused to the crime itself.
There is no Miranda recording. There is no recording of the interview. There is no proof that our client said any of the words the police claim he did, nor any waiver of our client’s right to counsel during his time in custody. There is no gun. What there is, is a lack of probable cause on behalf of an officer who took a scared young man into custody on a tenuous connection to an event unrelated to the death of Mr. Dobson.
Zaevion Dobson’s death was a tragic event, and we want his killer to come to justice, too – but not at the expense of an innocent man. Wanting something to be true doesn’t make it so, and putting another young man’s life at stake because of that want is reckless behavior.
The truth will out, as they say.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones
