Criminal - 76th and Yates

Episode Date: October 23, 2020

On May 8, 2013, a man named Timothy Jones was arrested in Chicago. He says it wasn’t until he got to the police station that he found out that he was being charged with murder. He didn’t even know someone had died. Earlier that day, a woman named Jacqueline Reynolds had been driving through the intersection of 76th and Yates Boulevard when she was hit and killed by a police car. Because the officers driving the car, James Sivicek and Jairo Valeriano, had been pursuing Timothy Jones, Timothy Jones was charged with felony murder. We speak with Timothy Jones, Livonia Noble King, Keith Spence, and Guyora Binder. Say hello on Twitter, Facebook and Instagram. Sign up for our occasional newsletter, The Accomplice. Follow the show and review us on Apple Podcasts: iTunes.com/CriminalShow. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop.  Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices

I just don't get it. Just wish someone could do the research on it. Can we figure this out? Hey y'all, I'm John Blenhill, and I'm hosting a new podcast at Vox called Explain It To Me. Here's how it works. You call our hotline with questions you can't quite answer on your own. We'll investigate and call you back to tell you what we found.

We'll bring you the answers you need every Wednesday starting September 18th. So follow Explain It To Me, presented by Klaviyo. Botox Cosmetic, adipotulinum toxin A, FDA approved for over 20 years. So, talk to your specialist to see if Botox Cosmetic is right for you. For full prescribing information, including boxed warning, see if Botox Cosmetic is right for you. For full prescribing information, including boxed warning, visit BotoxCosmetic.com or call 877-351-0300. Remember to ask for Botox Cosmetic by name. To see for yourself and learn more, visit BotoxCosmetic.com. That's BotoxCosmetic.com.

How did you meet Jacqueline Reynolds? We've been friends since we were in seventh grade. We were in the same grammar school together. We graduated and we went to high school together. And we've been friends ever since. Our friendship never, never ended. We just evolved as the years went on to older women. This is Lavanya Noble King. She lives in Chicago, where she also grew up,

and where she met her best friend, Jacqueline Reynolds. Did you, when you first remember meeting her, did you know right away that you were going to be friends? Oh, from that day, the first day that we met one another. We've been friends from that very first day. When we were going to be friends? Oh, from that day, the first day that we met one another. We've been friends from that very first day. When we were waiting to get our classes, I spoke to her first. We always talk about that, that I said, hi, what's your name?

And at lunchtime, I went home with her. And we've been fast friends ever since. You know, over the years, of course, we met other friends, and they became very close to us, too, and to this day. It's like about five of us that became very close. But Jackie was the kind of friend that I never had to be jealous of her with another friend because she never, never not acknowledged who I was to her and how much she cared about me and how much she loved me. And she would say, I love my, I love LaVanya, you know, and would kiss me, you know, I, you know, always, and that was the thing. She was a big kisser and a big hugger.

They stayed best friends for more than 40 years and lived in the same apartment building. We made a decision, even though I have a husband, we made a pact that when any time of emergency, we would put each other's names down. And that's how, you know, that's how we did that. On May 8, 2013, Lavania Noble King was home in Chicago when the doorbell rang. And I went to the door and it was two gentlemen down there with long black coats on. And they said my name and said they need to speak to me. Well, I knew it was some kind of police authority or something. So I buzzed them in. And when they came upstairs, they said, well, LaVanya, we need to speak to you. There's been a accident, a fatal accident. And at the time of them talking, I looked and one of them, he had like a

folder, but on top of the folder was Jackie's purse. And he was talking and I stopped him and said, why do you have Jackie's purse? And he said, LaVanya, and I stopped, but I said, why do you have my friend's purse? And he said, LaVanya, there's been an accident. And I said, did she leave me? And he said, yes. And I went up under the kitchen table. That's where they got me from. I just went up under the table.

LaVanya Noble King was told that Jacqueline Reynolds had died while she was driving through the intersection of 76th and Yeats Boulevard in Chicago. She'd been hit and killed by a police car. I was told that the police came zooming through, and when she got in the middle of the road, the police car hit her, T-boned her, and killed her instantly. So you were told that the cop car that had hit Jacqueline was chasing someone, or what did they say? Yeah, they said they were pursuing someone, and that's when Jackie got hit. They were pursuing a car that was ahead of them.

That's what they told us. According to Chicago police, the officers were chasing a 20-year-old named Timothy Jones. Timothy Jones had just gotten home to Chicago from college at Lincoln University in Missouri, where he played football and was studying to be an accountant. According to Timothy Jones, on May 7, 2013, he went to the apartment of a man named Lee Davis. He testified that he and a friend had sold Lee Davis credit cards and that Lee Davis owed them $7,000. He'd gone to the apartment to collect the debt, and Lee Davis asked him to come back the next day. So the next day, on May 8, Timothy Jones and his friend went back to the apartment.

The plan was we were just going over there to get the money that he owed us. And when we got there, he was saying that he had some of it, but he didn't have all of it. There was a disagreement, and Timothy Jones took a Nike shoebox, an iPad, and an iPhone. He dropped his ID without realizing it. Lee Davis' girlfriend called the police. What was your thought? I mean, was your thought, I better run? You know, what happened immediately?

Did you start running out? Did you get into a car? What was your first thought when you said, the police are coming? My first thought was, yeah, I just wanted to get away, really. I just wanted to get away, like, yeah, I just wanted to get away. You know, and I think Timothy knew that, you know, being from the south side of Chicago, growing up in the environment that he grew up in, you know, you run from the police because they don't do you any, they don't mean you any good. Attorney Keith Spence.

And, you know, he knew that the police were called on him. He knew that, you know, they did, you know, go into the apartment. They did run out the apartment. They did have a pair of the guy's shoes with them. So, you know, I think that was enough to make him, you know, make him run. A police officer named Ronald Pittman arrived on the scene and reported by radio that he had seen a man, later identified as Timothy Jones, fleeing the scene holding a gun.

Did you have a weapon on you? No, no, no weapon at all. He said this from the beginning. He says he and his friend had gotten to a car with a third man and drove away from the apartment. And he says they stopped when they hit a parked car. Officer Pittman's police car was right behind them. And Timothy says Officer Pittman pointed a gun at them. Timothy got out of the car with his hands up.

His friends ran away. Timothy got back into the car, into the driver's seat, and drove away. Officer Pittman got back into his police car and followed Timothy. Did you have a plan about where you were going to drive? Did you just say, I'm just going to get as far away from here as possible? Did you know what streets you were going to go up? No, I didn't. No, I was just trying to get the sirens from behind me. Like, I mean, eventually I was going to drive home, so I guess you could say that, but as far as like, at that moment, I was just trying to get the sirens from behind, the police from behind. Officer Pittman later said that he kept following the car

because he believed Timothy Jones was armed. Two other officers, Officer James Sivacek and his partner, Officer Jairo Valeriano, joined the pursuit in their police SUV. Officer Sivacek was driving. Timothy Jones drove east on 76th Street and crossed the intersection at Yates Boulevard. He told us that the light was red and that he drove through it. The police officers were behind him on 76th Street. And then, according to Timothy Jones, all of a sudden he looked around and the police weren't following him anymore.

He says he thought the chase was over and that he'd gotten away. He parked his car and started walking. A police officer approached him and asked him his name. He said Timothy Jones, which matched the name on an ID police had found near Lee Davis' apartment. Timothy Jones says it wasn't until he got to the police station that he found out that he was being charged with murder. He didn't even know someone had died. I'm Phoebe Judge. This is criminal. Support for Criminal comes from Apple Podcasts. Each month, Apple Podcasts highlights one series worth your attention, and they call

these series essentials. This month, they recommend Wondery's Ghost Story, a seven-part series that follows journalist Tristan Redman as he tries to get to the bottom of a ghostly presence in his childhood home. His investigation takes him on a journey involving homicide detectives, ghost hunters, and even psychic mediums, and leads him to a dark secret about his own family. Check out Ghost Story, a series essential pick,

completely ad-free on Apple Podcasts. What software do you use at work? The answer to that question is probably more complicated than you want it to be. The average U.S. company deploys more than 100 apps, and ideas about the work we do can be radically changed by the tools we use to do it. So what is enterprise software anyway? What is productivity software? How will AI affect both? And how are these tools changing the way we use our computers to make stuff, communicate, and plan for the future?

In this three-part special series, Decoder is surveying the IT landscape presented by AWS. Check it out wherever you get your podcasts. I had no idea until I was in the police station, and they told me that I was being charged with a murder. And I asked how was I being charged with a murder, because I knew I didn't kill anybody. I knew I didn't come close to killing anybody. So I had no idea what happened until I was in the police station. Here's what he learned. About seven seconds after he ran the red light on 76th Street at Yates Boulevard, the police SUV entered the intersection, also running the red light,

and hitting Jacqueline Reynolds' car, killing her instantly. Because the police hit and killed Jacqueline Reynolds during their pursuit of Timothy Jones, Timothy Jones was charged with her murder. So felony murder is one of the three bases or theories of liability for murder in American law. Law professor Gior Binder teaches at the University of Buffalo School of Law. One is straightforward and familiar. You intentionally kill someone. That's murder.

Another form of murder is based on culpable risk-taking. So if you cause someone's death recklessly, very recklessly or recklessly for a very bad purpose, that's also murder in most states, in most American jurisdictions. And the third form of murder is murder in the course of crime. And so if you cause death in the course of certain grievous felonies in most American states and in the federal system, that's murder as well. Felony murder is distinctly American. Almost every other country that has had similar laws on the books has abolished them. But in America, according to Giora Binder, 41 states have some kind of felony murder rule in place. expanded over the course of its history in large measure because our ideas about what it means to

kill have expanded greatly. So, in English law, you know, and in the early 19th century in the United States, to kill meant that you attacked somebody with a weapon and they died. Later, we began to think that killing just was sort of an old-fashioned way of saying you caused a result, you caused a harmful result, you caused death. And our ideas about how you could cause a result expanded so that we began to think about very long and elaborate causal chains. Under the felony murder rule, someone can be convicted of murder even if they didn't intend to kill anyone,

and even if they weren't behaving recklessly. The prosecution only needs to show that the defendant participated in a felony that resulted in a death. Not all felonies qualify. Only ones that are categorized as dangerous or specified in statutes. In Timothy Jones' case, he was charged with home invasion, armed robbery, and residential burglary. All three are on the list for felony murder in Illinois.

The felony murder rule in Illinois, where Timothy Jones was charged, is one of the broadest reaching in the country, and it includes a feature that many other states do not. A feature of felony murder liability that's very controversial is the idea that if you participate in the felony, even if you're not the person who actually kills another person, you can be liable. So even though it was police officers James Sivacek and Jairo Valeriano who hit Jacqueline Reynolds' car, Timothy was charged with her murder.

If Timothy had been charged in a different state, this might not have been the case. We looked at all sorts of cases of felony murder from all over the country. Just last year, an Illinois man claimed he saw a group of six teenagers attempting to break into his car. He shot and killed one of them, a 14-year-old. But then, under the felony murder rule, the other five teenagers were charged with the murder of their friend. The man, who actually shot the gun, was not charged.

Ultimately, the murder charges against the teenagers were dropped amid pressure from civil rights groups. In 2001, a man in Oklahoma gave his 13-year-old sister a liter of vodka. She shared it with her friends, one of whom died from alcohol poisoning. The man was convicted of felony murder. And in New York in the 1980s, there's the story of one man breaking into another man's house. The homeowner had a gun and told the intruder to get on the ground.

After the police arrived, the homeowner had a heart attack and died. The prosecution argued that the stress of the attempted burglary caused the heart attack. So we have expansive rules of causation, and then we have expansive rules of accomplice liability. So if you intentionally aid or encourage a crime, you're responsible for that crime. But what most jurisdictions do is they say, if you intentionally aid or encourage the underlying crime, the robbery or the rape or the arson,

you are then liable for any death that's foreseeable as a consequence of that. There's a famous case from Florida in 2003. One day early in the morning, a 20-year-old man named Ryan Hawley loaned his car to a friend. He'd been up late the night before drinking, and had reportedly heard his friend talking about stealing a safe from a man who sold drugs. Hawley later said he was drunk and tired and didn't know if his friend was serious. He went to bed. His friend, along with three others, drove Holly's car to the house where they were going to steal the safe During the burglary, one of those four men beat a young woman to death with a shotgun Holly was at home when the crime was committed

But because he had allegedly heard his friend planning the burglary and given him his car keys anyway, he was convicted under the felony murder rule and sentenced to life in prison without the possibility of parole. At Hawley's trial in 2004, the prosecutor said, no car, no crime, no car, no murder. Giora Binder says there are cases where the felony murder rule intuitively makes sense. For example, if someone intentionally set a fire to a building to collect insurance money, and people in surrounding buildings died because of that fire.

People in favor of the felony murder doctrine, including some victims' rights advocates, argue that people who choose to commit dangerous crimes know that it's a possibility that innocent people could die, and the harsh punishment acts as a kind of deterrent. I mean, it's a lot to get your head around. I mean, to think about being found criminally liable for the death of someone you may never have laid your eyes on, and that their death actually, if little circumstances had gone a million different ways, or one different way, this would not be the case. In the case of Timothy Jones, if the cop had been looking up, had not been driving so fast, had changed lanes, X, Y, Z? It's certainly shocking and troubling that liability depends

so much on luck. And then, yes, and then we have cases where death wouldn't have occurred without a decision, maybe a bad decision, maybe in a responsible decision by police. Liable. Even if they're not the ones who hit the actual person or caused the death. They started the chain of events which then made the police officer start speeding and that reckless driving. But they're the ones who started the events. Right. Rather than the officer getting charged for, you know, a high-speed chase or for shooting another officer. It's the arrestee that's charged. Thank you. tools are right for you and what privacy issues should you ultimately watch out for. And to help us out, we are joined by Kylie Robeson, the senior AI reporter for The Verge, to give you a primer on how to integrate AI into your life. So tune into AI Basics, How and When to Use AI, a special series from Pivot sponsored by AWS, wherever you get your podcasts. Are you looking to eat healthier, but you still find yourself occasionally rebounding with junk food and empty calories? You don't need to wait for the new year to start fresh.

New year, new me. How about same year, new me? You just need a different approach. According to Noom, losing weight has less to do with discipline and more to do with psychology. Noom is the weight loss management program that focuses on the science behind food cravings and building sustainable eating habits. Noom wants to help you stay focused on what's important to you with their psychology and biology-based approach. Noom takes into account your unique biological factors, which also affect weight loss success. The program can also help you understand the science behind your eating choices and why you have those specific cravings, and it can help you build new habits for a healthier lifestyle. And since everyone's

journey is different, so are your daily lessons. They're personalized to help you reach your goal. Stay focused on what's important to you with Noom's psychology and biology-based approach. Sign up for your trial today at Noom.com. The trial begins for a man accused of leading police on a chase that turned deadly. NBC5's Marion Brooks is in our newsroom tonight with more on this case. Marion. Allison, 22-year-old Timothy Jones is accused of robbing a family inside their Southside apartment. But he's on trial for murder after a high-speed police chase killed 56-year-old Jacqueline Reynolds.

In May of 2013, prosecutors say Jones and two other men forced their way into an apartment to steal money, shoes, and an iPad. According to the state, after the suspects left, police took chase. As both Jones and a police SUV sped down 76th Street, they blew through a red light and the police SUV slammed into Jacqueline Reynolds' car. Timothy Jones' trial began on February 17, 2015, almost two years after he was arrested. The prosecution had to prove two things to convict Timothy Jones under the felony murder rule. That Timothy had committed a felony, and that Jacqueline Reynolds died in a chain of events started by that felony.

Here's Prosecutor Barbara Bailey during opening statements. When the defendant went out on that street that day, when he went to that apartment to commit those crimes, he was making conscious choices, and he was setting in motion a series of events, a series of events that ended in a murder. The prosecution argued that had Timothy Jones not gone to that apartment that day and not run from the police, Jacqueline Reynolds would still be alive. Attorney Keith Spence represented Timothy Jones in trial. Our position was there was no felony to connect him to the felony murder.

Timothy Jones' felony charges were home invasion, armed robbery, and residential burglary. Keith Spence argued that Timothy shouldn't have been charged with home invasion because he didn't break in. He knew the man who lived in the apartment. They'd gone to high school together, and Timothy had just been at his apartment one day before. Keith Spence also argued that the armed robbery charge didn't make any sense because Timothy didn't have a gun. Although police officer Ronald Pittman testified that he'd seen Timothy with a gun, no gun was ever found on Timothy or in the car. You see, the Chicago Police Department would like to put this on him. Timothy's defense attorney Keith Spence, in his opening statement.

But the Chicago Police Department is the agency that has the duty to protect us from dangerous situations, including high-speed chases. They certainly cannot even attempt to show or prove or connect him with the first-degree murder of Jacqueline Reynolds. Spence also argued that because Timothy Jones had already been stopped by the police once before the crash, the police had broken the chain of events linking the alleged felonies to Jacqueline Reynolds' death. And finally, he argued that the police had no justification to pursue Timothy Jones the way that they did, because Timothy did not have a gun. And they could have picked up Timothy at any time because police already had his name on the ID they'd found at Lee Davis' apartment. Keith Spence said it was the reckless behavior of the police that killed Jacqueline Reynolds, not Timothy Jones. What was the trial like?

Oh, man. Emotional. I can say that. Emotional. It was scary. Timothy Jones. It was like, uh... I don't know. It was like...

How can I put that into words? It was like a life-changing thing, really. For me to sit down, I can't really explain it. It was life-changing. It took me and painting me as like this horrible person the whole trial. And it's like, like I say, I'm not saying I had total fallenness. Like, because I had parts, like, I know that had I not went there, then Ms. Reynolds would have died that day.

But, like, they painted me as a complete animal for a minute to society when the only reason that Ms. Reynolds died was because they chased me As they deliberated, members of the jury asked the judge a question. Was it possible to find Timothy guilty of one of the charges without the murder charge automatically applying. And they wanted to, but they were instructed that they couldn't, because it's not how this particular statute is written. You know, it's an automatic first-degree murder. I think the jury was looking for a way to address that

and not find him guilty of first-degree murder, but the instructions left them with very little movement on that. So they had no power to just say, sure, fine, we want him home invasion, but we don't believe that this felony murder charge is fair or right. There was no way to disconnect the two. Correct. No, no. And that's what we were trying to address and trying to get at the time. And Judge Wilson just would not, you know, he, you know, and I don't necessarily fault him for the way he ruled on it. I mean, that's just the way the law is written. The jury found Timothy Jones not guilty of home invasion

and not guilty of armed robbery. They did find him guilty of residential burglary and with that felony conviction, guilty of first-degree murder. During sentencing, Jacqueline Reynolds' best friend, Lavanya Noble King, who we heard from at the beginning of the story, testified on Timothy Jones' behalf. I came for the sentencing only, you know, to speak on behalf of Timothy

to try to get mercy for him because he didn't hit her. So you didn't want Timothy punished for Jacqueline's death? Of course not. He didn't want Timothy punished for Jacqueline's death. Of course not. He didn't hit Jackie. Timothy did not hit Jackie. His car didn't touch hers. He didn't even know Jackie had gotten hit.

But when I got on the stand, I asked the judge to please be lenient and give mercy to this young man. He was young, had a chance at his life. They could have easily, he could have did, at the maximum, he should have gave him what they give people for manslaughter. And they're not saying that he did it, but because he caused the accident. Never first-degree murder. Do you ever think about what Jackie would be saying to you about your helping, trying to help Timothy and not...

She would have said, do it, LaVanya. And that's why I had no problem speaking about it. This is my best friend. Had it been different, I would never have come and went past what I knew she would. I knew she would have felt that way. And that's why I spoke up and that's why I came in defense of Timothy. Because like I told the prosecutors and all, this ain't about Jackie with you all. It's not about Jackie. But for Jackie, it would be about this young man.

And that's why I'm here to speak up for her in behalf of her. I'm her best friend. I knew all of her dreams, aspirations, shortcomings and all. And she would not have wanted Timothy to do this time. She wouldn't have wanted that. Timothy Jones was sentenced to 28 years in prison. He's currently seven years into his sentence

at Dixon Correctional Center in Dixon, Illinois. Jacqueline Reynolds' family sued the city of Chicago and the two officers involved in the crash, alleging that they violated procedures for police chases. And as part of that civil case, new information came to light. An expert said GPS records showed that Officer Sivacek was driving as fast as 74 miles per hour, and that just before the crash, he was driving a minimum of 68 miles per hour. This is different than what Officer Sivacek said at Timothy Jones' trial, when he testified he'd been driving at about 30 miles per hour. Police in Chicago are typically required to apply a balancing test when deciding to engage

in a high-speed chase, to take into account the traffic conditions of the area and the risk to bystanders, and to decide whether the need to catch the suspect outweighs the risk of the chase. Officer Sivacek testified at Timothy's trial that he did not think the chase was too dangerous and that he was pursuing a man who was armed. The city admitted liability in the family's lawsuit, and $3.5 million was awarded to Jacqueline Reynolds' estate. The Chicago Police Department's Traffic Review Board issued a reprimand to Officer Sivacek

and requested that he attend driving school. We contacted the Chicago Police Department for this story, but haven't heard back. Timothy Jones is continuing to appeal his conviction. If he serves his full sentence, he'll be in prison until he's 48 years old. What's the memory that you think about? Maybe a memory that was right before this whole thing began, when you were just a guy who was going to college and, you know. college. So it's like, that's something that hits me every day, because it's like, to be in here and to go through the whole jail system, and I just be thinking like, man, if I was out, it'd be a whole different life that I'd be living. © transcript Emily Beynon are Susanna Roberson and Aaron Wade. Audio mix by Rob Byers.

Special thanks to Michelle Harris, Matt Majak, Kara Ehlenfeldt, and Alice Wilder. Julian Alexander makes original illustrations for each episode of Criminal. You can see them at thisiscriminal.com or on Facebook and Twitter at Criminal Show. Criminal is recorded in the studios of North Carolina Public Radio, WUNC. We're a proud member of Radiotopia from PRX,

a collection of the best shows around. Shows like 99% Invisible. They've just published their first book, The 99% Invisible City. It's a beautifully designed and illustrated field guide to the hidden world of everyday design. If you're already a 99% Invisible fan, or if you've ever found yourself wondering, what do those bright, squiggly graffiti marks on the sidewalk mean? Or why don't you see those

iconic metal fire escapes on new buildings? Or how did car dealerships become home to those dancing inflatable figures? Then the 99% Invisible City is for you. You can find links to purchase the physical book and the audiobook, read by Roman Mars, at 99pi.org slash book. I'm Phoebe Judge. This is Criminal. Radiotopia from PRX. Botox Cosmetic, adipotulinum toxin A, is a prescription medicine used to temporarily make moderate to severe frown lines, crow's feet, and forehead lines look better in adults. Effects of Botox Cosmetic may spread hours to weeks after injection causing serious symptoms. Alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition.

Patients with these conditions before injection are at highest risk. Don't receive Botox Cosmetic if you have a skin infection. Side effects may include allergic reactions, injection site pain, headache, eyebrow and eyelid drooping, and eyelid swelling. Allergic reactions can include rash, welts, asthma symptoms, and dizziness. Tell your doctor about medical history, muscle or nerve conditions including ALS or Lou Gehrig's disease, myasthenia gravis, or Lambert-Eaton syndrome and medications including including botulinum toxins, as these may increase the risk of serious side effects. For full safety information, visit BotoxCosmetic.com or call 877-351-0300. See for yourself at BotoxCosmetic.com.

Thanks to Huntress for their support. Keeping your data safe is important. However, if you're a small business owner, then protecting the information of yourself, your company, and your workers is vital. In comes Huntress. Huntress is where fully managed cybersecurity meets human expertise. They offer a revolutionary approach to managed security that isn't all about tech. It's about real people providing real defense. When threats arise or issues occur, their team of seasoned cyber experts

is ready 24 hours a day, 365 days a year for support. Visit huntress.com slash vox to start a free trial or learn more.