YOUNGSTOWN, Ohio - The man accused of fatally shooting a Youngstown State University student and injuring 11 others wants to have statements he made to police not used against him at his upcoming trial.
Two videotaped interviews of Columbus Jones, Jr. speaking to police may never be seen by jurors.
Then 22 year-old Jones is accused of shooting and killing Jamail Johnson last February at a fraternity party just off campus.
Johnson was a senior at YSU, only three months from graduating.
"I raised my son. I took the time to raise my son, so that he could be a productive citizen, and that he was," said Johnson's Mother Shirlene Hill. "So I want justice"
The defense lawyer in the case is asking the judge to dismiss statements Jones made to police claiming Jones was not properly advised of his Miranda Rights.
In the video, Detective Sergeant Rick Spotleson reads Jones his rights and then tells him by signing the waiver he is not "signing anything away." The defense argues this is misleading.
"For example, he's going to give up his right to silence by talking to you correct?" asked Defense Attorney Louis DeFabio. "Yes," replied Spotleson. "He's going to give up his right to council by talking to you correct?" asked DeFabio. "Yes," again replied Spotleson.
Prosecutors argue the detective repeatedly told Jones, "You still have the right to stop answering any time."
For Johnson's mother there is no excuse to not play the tape.
"Jamail's not here to speak. He (Jones) spoke. He was in his right mind," said Hill. "The jury should be able to hear everything that was said."
Jones is one of six defendants charged in this case. He's to go on trial next month and the judge will rule on this motion in the next few weeks.
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