GUILTY

Murphy – The mother of the victim looked directly at Brian Crisp and called him an “abomination” after a Cherokee County jury found Crisp guilty of second-degree murder in the death of her son, Kenneth Ryan Jones, on Feb. 15.

Moments later, Judge Steven Warren sentenced Crisp to the maximum punishment for that crime – 420-504 months in a maximum-security state penitentiary, with credit for time he has already served in the Cherokee County Detention Center. Before Crisp was led away in handcuffs, his court-appointed attorney, Bill Jones, said he was planning to appeal the ruling based on the Sixth Amendment, which guarantees the accused a right to a “speedy” trial.

The shooting took place around lunchtime at 29 Sunrise St. in Murphy on May 10, 2016, nearly seven years ago. Since then, Crisp has had three lawyers, along with having several court and trial dates postponed. Jones has represented Crisp, a Hayesville resident who did not take the stand, since 2019. Warren twice denied Jones’ plea to dismiss the case based on the length of time it took to come to trial.

The verdict concluded a 2½-week-long trial, one of the longest in recent memory for Cherokee County Superior Court. The jurors were dismissed at 1:30 p.m. Feb. 15 and came back with their decision just after 4 p.m. While second-degree murder is a step down from the first-degree murder charge – the biggest difference being intent – the jury also could have decided Crisp was only guilty of voluntary manslaughter, involuntary manslaughter or nothing criminal at all.

The state’s case revolved around the believability of four witnesses, all who professed to suffer from drug addiction. While assistant district attorney John Hindsman said the witnesses were consistent in the most important aspects of their testimony, in particular the fact that Crisp was holding the gun when it was fired at point-blank range, Jones was quick to point out when one witness appeared to contradict another.

During his closing argument, Hindsman presented a video display in which he repeatedly reminded members of the jury that at “no time was Brian Crisp acting lawfully on May 10, 2016.”

“This is not the State of North Carolina against Dustin Smith,” he said, referring to the current county sheriff who was assistant chief with the Murphy Police Department at the time of the slaying. “It’s not the State of North Carolina against law enforcement, not the State of North Carolina versus any number of witnesses who testified. It’s the State of North Carolina vs. Brian Crisp for the first-degree murder of Kenneth Jones.”

The best evidence for conviction came from this witness stand, Hindsman said, pounding on the wooden box for emphasis. Twice he showed jurors the .32-caliber revolver that killed Jones.

“They heard it, they saw it,” he said about witnesses to the shooting. “They experienced the worst thing someone can – the death of a loved one, and for no reason at all.”

Hindsman replayed 911 calls from Cody Roberts and Shalees Greenlee, who was emotional to the point of being difficult to understand. Both specifically singled out Crisp as the person who shot Jones “right in the head.” He also shared written statements by the eyewitnesses that pointed to Crisp being the gunman.

After the shooting, Crisp fled the house in a silver Volkswagen Beetle before leading law enforcement on a chase across winding mountain roads into Tennessee that reached speeds of 100 mph. “His bags were packed, he was ready to go and go he did,” Hindsman said. “This was not an accident. …

“He showed no mercy, and no mercy should be extended to him.”

In his closing argument, Crisp’s attorney offered an alternative perspective of the “accident.” He said the victim went to a house where he was told not to go, walked past two “no trespassing” signs and then refused to leave when he was told to, which led to a “scuffle” on the porch.

Bill Jones continued to bring up “reasonable doubt” while trying to poke holes in the testimony. “Almost every state witness contradicted another state witness,” he said, adding that the witnesses were “under the influence” of illegal drugs that day, with some wanted on drug charges today.

The fact that it took years for law enforcement officials to test evidence in the case was another point of contention in Jones’ closing argument. “This was not an investigation,” he said. “This was an arrest.”

Jones also claimed Roberts, the state’s first witness and a cousin to Crisp, was the person who brought up the accident defense, saying, “Brian didn’t mean to kill that boy.” He asked jurors to listen to “that gnawing feeling in your gut” and not consider the first-degree murder charge.

Kimberly Kelly, the mother of Kenneth Jones, was the only person to speak to the judge before sentencing was handed out. Despite the length of time since her son’s death, there was still raw emotion in her voice.

“I can’t begin to tell you what this has done to his family and friends. No parent should ever have their child die due to someone like him,” she told the judge, while pointing at Crisp. “It’s not fair that my son is dead and this abomination is going to walk out of the courtroom. He has never offered an apology, just a smirk. …

“This man is a danger to the community. Give him the maximum sentence because my son got the maximum penalty. I want him to eat the worst foods and suffer in prison, while we will eat steak, drink wine and celebrate Ken’s life. He will never be forgotten.”