By Mary Magana-Ayala
SACRAMENTO, CA–– In a preliminary hearing here in Sacramento County Superior Court this week, Judge David Bonilla found there was sufficient evidence to hold the defendant, Xavier Jones, to answer to the felony charges filed against him.
According to Judge Bonilla, Jones is charged in two different cases involving felony charges of assault with a firearm, possession of a firearm being a convicted felon, and possessing ammunition when prohibited to own a firearm.
Deputy District Attorney Celeena Wall brought Officer W. Aslin to testify because he spoke to the victim at the scene.
“He was out front playing with his eight-year-old child… Xavier and him had a confrontation earlier related to some money that was owed and at the time (the victim) said that Mr. Jones was at the back of his Hyundai basically giving him a ‘look mean mugging.’ (The victim) at some point had enough and confronted Mr. Jones,” stated Officer Aslin.
When asked about how the victim described Jones, Officer Aslin stated, a man “in a wheelchair (who) lived in next door apartment.”
“(The victim) had at one point confronted Mr. Jones about why he was being mean mugged… (the victim) turned away because his son pulled on his pant leg and when he looked down he heard a shot, he tried taking a step and realized he was hit,” recalled Officer Aslin.
“Did he actually see who shot him?” asked DDA Wall. “He said that he never saw Mr. Jones with the gun” replied Officer Aslin.
DDA Wall said although the victim didn’t see Jones with the gun he was having a conversation in an aggravated manner with Jones prior to being shot.
“The eight-year-old grabbed the one-year-old child and ran into the front office and said ‘please don’t shoot,’” stated Officer Aslin describing the aftermath of the shooting.
“He had been shot in the leg and they were unable to remove the bullet…he experienced leg pain and trouble getting around. I believe he has a walker to move around,” explained Officer Aslin describing the injuries of the victim.
When searching Jones’ apartment on Jan. 8, 2021 Aslin stated, “There was a total of 19 rounds of 9mm ammunition located, 2 cellphones…and backpack.”
During the cross-examination by Defense Attorney Michael Wise, the officer was asked, “The only thing Mr. Jones did to trigger (the victim) was to look at him, and based on that look (the victim) walked over to Mr. Jones and confronted him?”
“Yes,” replied Officer Aslin.
“(The victim) is not confined to a wheelchair. What is his rough height, weight and physical description as you recall?” asked Defense Attorney Wise.
“Height close to six foot and 160 or so pounds” replied Officer Aslin.
“Is there apparent physical limitation for (the victim)” asked Attorney Wise. “No, after the shooting there would be,” replied Officer Aslin.
After the cross-examination, DDA Wall introduced Jones’ rap sheet into evidence.
Judge Bonilla concluded the preliminary hearing by stating, “I find that there is sufficient evidence to believe that the defendant is guilty thereof of both of those charges and both complaints and that he is therefore ordered held to answer.”