Elton Manning Jackson

Case overview

Elton Manning Jackson was convicted by a jury of first degree murder for the July 1996 strangulation death of Andrew D. “Andre” Smith.

The offence

On July 22, 1996, the body of Andre Smith was found at approximately 8:35 a.m. The medical examiner testified the victim had been dead at least 18 to 24 hours, but no longer than 48 hours. The cause of death was ligature strangulation.

Jackson was convicted on August 21, 1998 of murder in the first degree.

Investigation

On July 23, 1996, during a canvas of the victim’s neighborhood, police officers came in contact with Jackson. Jackson told police he did not know the victim, but recognized his picture from television reports.

Detective Ronald Young testified Jackson appeared jittery and would not make good eye contact with the police.

Arrest and detention

Jackson was arrested on May 6, 1997.

Trial

Jackson gave a videotaped statement to Detective Whitehurst of the Chesapeake Police Department during which he stated the victim had visited his home some time in the evening on July 20, 1996, and that the two of them “had a good time.”

At trial, Jackson testified he engaged in anal sex with the victim on July 20, 1996. He testified he gave the victim twenty dollars, and that the victim left around 10:00 p.m.

Witness testimony about sexual encounters

Arnold Smith, a friend of the victim, testified over Jackson’s objection that between 2:30 a.m. and 3:00 a.m. on July 21, 1996, the victim said he was going to go “past” Jackson’s house to get some money.

Kim Nurney testified, without objection, that at around 2:30 a.m. on July 21, 1996, the victim told her he was leaving to go get some money and would be back in fifteen minutes. Nurney waited for the victim, but he never returned.

The trial also considered other sexual encounters involving Jackson.

Kevin Benton testified he had a sexual encounter with Jackson in the early morning hours of December 11, 1996. Benton testified Jackson picked him up in the Ocean View area of Norfolk, and that they went to Jackson’s house. Benton testified he was high on crack cocaine and went into the bedroom with Jackson. Benton testified Jackson promised to give him seventy-five dollars if Benton would allow Jackson to tie his hands behind his back and massage him. Benton testified that he stripped to his boxer shorts and lay on his stomach on the bed while Jackson tied his hands behind his back with a necktie. Benton testified that after a few moments, during which Jackson was out of Benton’s sight, Benton noticed Jackson approaching from behind. Benton testified Jackson tried to lift a leather strap over Benton’s head. Benton turned away, kicked Jackson, and untied the necktie around his hands. Benton testified that later that morning Jackson paid him nineteen dollars and some change. Benton testified Jackson then drove him to a meeting with Benton’s probation officer. Benton’s testimony included his account that Jackson attempted to strangle him.

Tommy Anderson testified he and Jackson agreed to exchange sex for money in May 1995. Anderson testified he went to Jackson’s house, took off his clothes, and lay on the bed. Anderson testified he agreed to let Jackson rub lotion between his closed legs. Anderson testified that at this point Jackson became rough and held him down by placing his forearm in the back of his neck, but stopped when Anderson threatened to scream. Anderson testified Jackson agreed to drive him to his next destination, but while in the car Jackson hit him in the face. Anderson testified Jackson threatened to kill him if he tried to escape. Anderson testified Jackson drove him to the approximate area where the victim’s body was found. Anderson testified Jackson ordered him to get out and place his hands on the vehicle, and that with his hands on the vehicle, Anderson saw Jackson approaching him from behind with a strap in his hand. Anderson testified he kicked Jackson and fled the area. Anderson testified during his testimony that Jackson denied having a sexual encounter with Anderson.

Willie C. Swimpson, Jr. lived with Jackson during the summer of 1995. Swimpson testified he engaged in sexual relations with Jackson for money during that time. Swimpson testified that on one occasion Jackson took him to a secluded area and Swimpson agreed to allow Jackson to put lotion between his legs while having sex with him. Swimpson testified he glanced around while he waited for Jackson to retrieve the lotion and noticed Jackson approaching him from behind with a strap in his hand. Swimpson testified he thought Jackson was going to put the strap around his head and twist it, and that Swimpson escaped through the woods on foot. Swimpson’s testimony included his account that Jackson attempted to strangle him.

Jackson testified Swimpson fabricated this story because their consensual sexual relationship had ended on bad terms after Jackson caught Swimpson stealing from him.

Autopsy and forensic findings mentioned during appeal

A bloodstain found on Jackson’s mattress matched the DNA of the victim. Jackson’s DNA matched the DNA in semen swabbed from the victim’s anus.

The victim’s post-mortem toxicology report indicated cocaine was present in his body.

The trial court admitted evidence involving sexual encounters alleged by Benton, Anderson, and Swimpson, and admitted a portion of Jackson’s May 6, 1997 statement to police related to Benton.

Sentencing

Elton Manning Jackson was sentenced on October 27, 1998 to life imprisonment for the 1996 strangling of Andrew D. “Andre” Smith. The circuit judge followed the sentencing recommendation of the jury.

The sentencing included evidence presented during trial showing that Jackson kept Smith’s body for eight or more hours before dumping him on a back road in Chesapeake.

Appeals

Appeal court and procedural matters

Elton Manning Jackson appealed his conviction of first degree murder. He appealed on the grounds that the trial court erred in:

1. allowing three witnesses to testify regarding their sexual encounters with him;
2. overruling his motion to exclude a portion of the statement he made to police regarding his sexual encounter with Kevin Benton; and
3. allowing a witness to testify about the statement Andre Smith made to the witness.

The appeal was heard by the Court of Appeals of Virginia, Case No. 2587-98-1.

Appellate analysis: other crimes evidence

The appellate court addressed Jackson’s contentions regarding the admissibility of Benton, Anderson, and Swimpson’s testimony as evidence of other crimes. It discussed a “modus operandi” exception and explained that evidence of other crimes could be admissible if it tended to prove a fact in issue, and that the decision involved weighing probative value against prejudicial effect.

The appellate court concluded there were significant similarities between Jackson’s encounters with Benton, Anderson, and Swimpson and his encounter with the victim, including that all of the men engaged in consensual homosexual sex with Jackson, that Benton, Anderson, and Swimpson stated they were using drugs at the time of their encounters, and that the victim’s post-mortem toxicology indicated cocaine was present. The appellate court also cited that the victim told Arnold Smith and Nurney he needed money and had sex with Jackson, and that Jackson gave him twenty dollars.

The appellate court described the victim as having been strangled from behind with a thin cord, and it concluded that Jackson’s encounters and the circumstances surrounding the victim’s death were “sufficiently idiosyncratic and similar to each other to support an inference of a pattern of operation and the probability of [a] common [perpetrator].”

The appellate court further concluded the trial court did not abuse its discretion in determining the prejudicial effect of Benton, Anderson, and Swimpson’s testimony was outweighed by its probative value.

Appellate analysis: admission of Jackson’s statement to police

The appellate court addressed Jackson’s claim that the trial court erred in admitting the portion of Jackson’s May 6, 1997 statement to police related to Benton. It found Jackson’s statement was relevant because it corroborated Benton’s admissible testimony, and concluded the trial court did not abuse its discretion.

Appellate analysis: hearsay testimony about the victim’s statement

Jackson contended the trial court erred in allowing Arnold Smith to testify about the victim’s statement that he was going to Jackson’s house. The trial court ruled the testimony was hearsay but admissible to show the victim’s state of mind.

The appellate court assumed, without deciding, that the statement was hearsay and determined any error was harmless because the inadmissible hearsay added nothing to the evidence already before the fact finder.

The appellate court noted that Jackson admitted he and the victim had sex at his home on the evening of July 20, 1996, and that, from Jackson’s testimony, the fact finder could infer the victim knew where Jackson’s home was located. It concluded the verdict would have been the same had the hearsay not been admitted.

Appellate outcome

The appellate court affirmed the trial court’s judgment, stating: “Affirmed.”

Participation notation in appellate opinion

The appellate opinion included that Justice Lemons participated in the hearing and decision of the case prior to his investiture as a Justice of the Supreme Court of Virginia.

Other details

• Jackson took the stand in his own defense and testified that he lied about not knowing the victim because he feared he would be charged with a murder he did not commit. Jackson said: “I was scared and afraid,” and “I'm black. I'm gay. (Andre) and I had a nice time that weekend, and then he turns up dead.”
• Court documents stated DNA tests indicated Jackson and Smith had a sexual encounter shortly before Jackson’s death.
• Court documents stated that fibers obtained from a sheet in which Smith’s body was wrapped contained fibers similar to fibers police found from a carpet in Jackson’s house.
• Court documents stated DNA samples taken from three cigarette butts found in Jackson’s car matched Smith’s DNA.
• The bodies of the victims linked to the serial killings were found dumped beside out-of-the-way roads, most in Chesapeake and most near entrances to interstate highways.
• Investigators said most victims were either gay men or men who frequented places where men seek out other men for sex.
• Investigators said nearly all victims were day laborers or persons with no fixed addresses.
• The context described victims as sometimes having engaged in sex for money and sometimes having used illegal drugs.
• The context described that seven victims were white and five were black.
• The context stated that there were no other similar slayings since Jackson’s arrest in May 1997.
• Court documents indicated Jackson had contact with some other victims and that the blood of one, Reginald Joyner, was found in Jackson’s bed along with the blood of Smith.