Wednesday, December 12, 2018

Accused Fortification Street Killer Slips Through the Cracks

One of the suspects in the Fortification Street murder case is not back in prison even though he was on probation for a carjacking conviction when the murder took place.  The District Attorney and MDOC filed a petition to revoke Jushun Paige's probation over nine months ago and send him back to prison.  However, Circuit Judge Tomie Green has taken no action.

 JPD arrested Jushun "Red" Paige in the Chelsie Kirschten murder case on October 24, 2017 and charged him with accessory after the fact to murder. The 24 year-old woman was shot to death on Fortification Street on August 17, 2017.  Police also arrested and charged Nicholas Coats and Lidarius Dixon with Capital Murder.  Coats pleaded guilty to second-degree murder last week and will serve thirty years in prison.  A Hinds County Grand Jury indicted Paige and Dixon on February 22, 2018 for capital murder,  attempted armed robbery, and conspiracy to commit armed robbery.  Earlier post on October 2017 arrest. 

Jushun Paige is on probation for a carjacking conviction and has a suspended prison sentence of seven years. 

Paige was part of the gang that went on a rampage of robbery and carjacking throughout the Jackson metro area until they were caught in January 2015.  Three members of the gang were convicted of murdering Carolyn Temple.  Paige was not implicated in her murder but was arrested for being involved in one of the carjackings. 

 A grand jury indicted him for armed carjacking since he allegedly used a gun to carjack the victim.  He pleaded guilty to simple carjacking in March 2016.  Circuit Judge Melvin Priester, Sr.  sentenced him to serve 10 years in prison but suspended 7 years of the sentence and gave him credit for time served in the Raymond Detention Center.  He entered MDOC custody on March 28, 2016 and was released on July 17, 2017 under the Earned Supervised Release program, one month before the Chelsie's murder.   He is  serving a probation term of three years. Although Judge Priester sentenced him, the case is assigned to Judge Tomie Green.

MDOC Field Officer Dawn Meadows submitted an affidavit for violation of post-release supervision on January 23, 2018. Assistant District Attorney Dawn Mapp filed a petition to revoke his probation with Judge Tomie Green on March 28, 2108.    However, Judge Green has taken no action on the petition as it collects docket dust.  Paige is currently being held without bond in the Raymond Detention Center.

Nine months have passed since the petition for revocation was submitted to the Hinds County Circuit Court.

Kingfish note: A pox on all their houses.  Jushun Paige should be back in prison.  Period.  The prosecutor and MDOC will point the finger at Judge Green for not holding a hearing.  Judge Green will probably point the finger back at them as she trots out a section of HB #585 that became law.  Section 47-7-37 of the Mississippi Code states that the revocation charges are dropped if the convict is not brought before a judge within thirty days after the arrest warrant is issued:

 (2) At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested.....

 (3) Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically. If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held. If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status....

 (10) Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.
 Paige was arrested in October 2017 and indicted in late February 2018.  The petition was not submitted until the end of March.  Defense lawyers and prosecutors are more than welcome to offer guidance.

Regardless of who is at fault, the fact remains that Jushun Paige is not where he should be - in prison serving the remaining seven years of his sentence. 


Anonymous said...

Judge Green has no idea this is even pending before her. I wish someone would collect the data on the number of unruled on pending motions before her, how long they have been pending, etc. In literally any other job she would be terminated for her abject failure to perform the most basic tasks required of her job. Not in Hinds County! Vote her in again and again!

Anonymous said...

He should have been brought before the court sometime in November 2017 as his arrest date was in October 2017. The statute states the "court may issue a warrant for violating ANY of the conditions of probation" i.e. getting arrested. Section 3 states Whenever an offender IS ARREESTED ON A WARRANT FOR AN ALLEGED VIOLATION. There are many ways to be found in violation of the terms of probation. Getting indicted is just one.

Brylcream Commando said...

Welcome to the totally dysfunctional justice system you voted for.

Jackson and Hinds County are LOST.

Anonymous said...

HB #585 ... Merry Christmas from the Mississippi Republican party.

Anonymous said...

Motion to fix.

Anonymous said...

What a blessing-

Anonymous said...

A perfect example of why my family and I avoid Jackson at all cost. Rarely do we venture into Hinds County, as it isn’t much better.

Anonymous said...

i doubt RSS even set it for a hearing.

Anonymous said...

What do you expect? It's time for a judicial pay raise.

Anonymous said...

Unfuckingbelievable - oh wait it’s Hinds County, very believable.

Anonymous said...

It's way past time for people on this blog (nobody else cares) to stop bitching about the electorate and 'Jackson getting what you deserve'.

The pressing question now is what, if anything, can any higher court or other authority do about this woman?

How difficult is that question?

Impeach Sr. Judge Green said...

Impeach “Sr.” Judge Green!

Discrimination said...

He’s the wrong race for Green to send to jail

Anonymous said...

We need more prison space. We need a change of heart on how we treat criminals, as in maximum sentences in well constructed prisons where they can be controlled and not run the prison. The change needs to start at the top with the US supreme court and quickly go down to the district court level from there.

We know that won't happen. It should, but it won't. Wait, there is another way we (the citizens) can petition congress to hold a State Constitutional convention. If enough states agree to it, even the supreme court can't stop it, or overrule the new constitutional amendments voted into effect by the convention. This possibility scares the Beegees out of congress, the president and the court system, because the convention can throw all of them out, set term limits, set mandatory punishment rules for criminal cases, cut congressional salaries and require any raises to be voter approved, Require a balanced budget with strict % spending limits for each cabinet department - whatever the convention decides to do.

Google and read this proposal. It is closer than many think and could radically change the USA for the better, if folks really are tired of the crap our government has become.

Anonymous said...

she followed the law. re-read the top part.

don’t blame her for a bad law! (hb585)

Anonymous said...

JPD reminds me of Baltimore PD as depicted on the TV series "The Wire."

Anonymous said...

Judge Tomie Green is a total idiot. No way wpuld I want the amount of blood on her hands she truly is a catch and release master.

Anonymous said...

It is very common practice to not have the revocation hearing until the new charges are resolved. Reason being is that if you revoke and send to MDOC then the Court has to request that the inmate be sent back to Hinds county for court upcoming court dates every time the defendant has court. This process of moving MDOC inmates back and forth for hearing doesn’t make fiscal, time required or public safety sense. (See Madison county escapee during transport). Hence Defendsnts are left in county jail, which is much worse living conditions, until all charges are resolved. Common practice in every county.

Anonymous said...

Judge Green catch-and-release program!

Anonymous said...

Where is the damn Batman when you need him to round up all the dodgy criminals and snuff out the bad guys in town???

Anonymous said...

...Spots a Jurdge Greens apologist posting above.

Anonymous said...

His ass is and has been sitting in the Hinds County Jail. He will eventually be sent back to prison and tried on the new charge. What's the point here? Seems to be an effort to "rile" the anti-Hinds Criminal Justice mob....

Kingfish said...

What's the point here? He has several years of a prison sentence already on his head. His ass needs to be back in prison NOW!!!

Nice try, Mr. Criminal Sympathizer.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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