Larry Lee

Case identification

• Name: Larry Lee

Status and outcome

Larry Lee was sentenced to death on December 10, 1987. His state appeal challenging the fairness of his trial was denied. Reconsideration was ordered in June 1995 due to new case law, and reconsideration was denied on December 14, 1988.

Timeline

• December 10, 1987 — Larry Lee was sentenced to death in Wayne County.
• April 26, 1988 — Clifford and Nina Jones, and their son Jerold, were killed.
• November 5, 1986 — Larry Lee was indicted.
• November 16–24, 1987 — Larry Lee’s case was tried.
• March 28, 1988 — A motion for new trial was heard.
• April 13, 1988 — A notice of appeal was filed.
• May 3, 1988 — The case was docketed in this court.
• June 28, 1988 — Oral arguments were heard.
• December 1, 1988 — The case was decided.
• December 14, 1988 — Reconsideration was denied.
• June 1995 — The judge was ordered to reconsider the appeal due to new case law.

Background

Clifford and Nina Jones operated the Reedy Creek Restaurant in Wayne County, and they lived across the road from their restaurant. They usually kept in their home over the weekend more than $1,000 in cash from their business.

The Lees’ daughter Christy left on Saturday morning for a school-related activity on Jekyll Island. Fifteen minutes later, Larry Lee, his brother Bruce Lee, and Sherry Lee (then Bruce Lee’s fiancée) drove up to the Jones home.

The offence

Bruce and Larry Lee entered the Jones home armed with handguns. When Clifford Jones resisted the intrusion, Bruce Lee killed him. Clifford Jones was stabbed, beaten, and shot six times.

Nina Jones and their son Jerold were forced into a bedroom. Larry Lee beat Jerold with his pistol, stabbed him in the back, and shot him. Larry Lee shot Nina Jones three times.

Sherry Lee entered the house while the two men were preparing to move the body of Clifford Jones. Bruce Lee ordered her to leave. Soon, Bruce and Larry Lee returned to the car and drove away.

Larry Lee and Bruce Lee stole guns, money, and other items from the Jones home.

Investigation and evidence

A neighbor saw a car leaving the area at high speed and later identified it as Sherry Lee’s car.

Larry Lee surrendered to authorities in Arizona.

Trial

Larry Lee was convicted by a jury in Wayne County on three counts of murder and one count each of armed robbery, burglary, and possession of a firearm during the commission of a felony.

He was sentenced to death for each of the three murders.

Jury and venue issues

Lee contended the trial court should have excused for cause 21 prospective jurors because they either knew the victims or had some knowledge of the case from the pre-trial publicity. The prospective jurors testified they could be fair and impartial and could decide the case based on the evidence presented in court. The trial court did not err by refusing to excuse these prospective jurors.

Lee also argued for a change of venue, and the trial court did not err by denying it.

The trial court did not err by excusing for cause a prospective juror who, although not opposed to the death penalty, testified that he would have trouble imposing it and that his feelings would interfere substantially with his ability to follow the instructions of the court.

The parties were entitled on voir dire to ascertain whether prospective jurors had formed an opinion as to the guilt or innocence of the accused, but they were not entitled to ask jurors to prejudge the case. There was no error in the voir dire of prospective juror Rogers.

Cross-examination issue

During cross-examination, the defendant asked a GBI agent:

• "During those first couple of months while you were working on the case, the community, in your opinion, had a very strong desire to see the killers of the Jones family apprehended?"

The state’s objection to the question was sustained on grounds of relevance. The answer to this question was, at best, marginally relevant, and the trial court did not abuse its discretion by sustaining the state’s objection.

Jury instructions

The trial court instructed the jury not to consider whether Lee would be given consecutive or concurrent life sentences, or when he would be eligible for parole if he were given a life sentence.

Sentencing

The evidence supported the trial court’s findings under OCGA 17-10-35 (c) (2). The sentence of death was not imposed under the influence of passion, prejudice or other arbitrary factor and was neither excessive nor disproportionate to sentences imposed in similar cases, considering both the crime and the defendant.

He received a death sentence for each of the three murders.

Appeals

Lee v. The State, 45784 (258 Ga. 762) (374 SE2d 199) (1988), WELTNER, Justice.

The state appeal challenging the fairness of Lee’s trial was denied. The judge was ordered to reconsider it in June 1995 because of new case law.

People involved

Victims

• Clifford Murray Jones Sr. — 48; killed April 26, 1988; shot six times, stabbed, and beaten.
• Nina Murray Jones Sr. — 48; killed April 26, 1988; shot three times.
• Clifford Jones Jr. — killed April 26, 1988; identified in the record as Jerold, the Jones son who was beaten with a pistol, stabbed in the back, and shot.

Defendants and associates

• Larry Lee — convicted and sentenced to death.
• Bruce Lee — Larry Lee’s brother; entered the Jones home armed with handguns; when Clifford Jones resisted, Bruce Lee killed him; later died while committing a burglary two months after the Jones family killings.
• Sherry Lee — Bruce Lee’s fiancée; entered the house while the men were preparing to move the body of Clifford Jones; Bruce Lee ordered her to leave.

Officials and counsel

• Glenn Thomas, Jr. — District Attorney.
• John B. Johnson III — Assistant District Attorney.
• Stephen D. Kelley — Assistant District Attorney.
• Michael J. Bowers — Attorney General.
• Leonora Grant — for appellee.
• Ashman & Zipperer — for appellant.
• Alex L. Zipperer III — for appellant.
• Judge Killian — presided in Wayne Superior Court.
• GBI agent — questioned during cross-examination (name not provided).

Other details

• The crime was committed on April 26, 1986.
• Lee was indicted November 5, 1986, and the case was tried November 16 through November 24, 1987.
• A motion for new trial was heard March 28, 1988.
• The motion was denied, and a notice of appeal was filed on April 13, 1988.
• The case was docketed in this court on May 3, 1988.
• Oral arguments were heard on June 28, 1988.
• Decided December 1, 1988; reconsideration denied December 14, 1988.