Plea Agreement in Case of Tony Mitchell Case
Plea Agreement in Case of Tony Mitchell Case
Plea Agreement in Case of Tony Mitchell Case
PLEA AGREEMENT
PLEA
The defendant agrees to (i) plead guilty to COUNTS ONE and TWO of the
Involving Reckless Conduct)-18 Base Offense Level, and (iii) waive certain rights
exchange, the United States Attorney, acting on behalf of the Government and
through the undersigned Assistant United States Attorney, agrees to recommend the
I. MAXIMUM PUNISHMENT
may be imposed for the crime of Conspiracy to Deprivation of Rights under Color
of Law, in violation of Title 18, United States Code, Section 241, as charged in
The defendant understands that the maximum statutory punishment that may
be imposed for the crime of Deprivation of Rights under Color of Law, in violation
of Title 18, United States Code, Section 242, as charged in COUNT TWO is:
On January 12, 2023, the Walker County Jail (Jail) was headed by the elected
Sheriff, the Jail Administrator, the Captain, and officers who served as shift
supervisors over two day shifts and two night shifts. Each shift was staffed by several
officers who performed various duties related to the care, custody, and control of the
pre-trial and post-conviction detainees housed there. In general, officers typically,
worked 12-hour shifts on a rotation of 4 days on, 4 days off, 3 days on, 3 days off
over the course of a two-week period.
While the Jail contained several dorms to house detainees, a limited number
of inmates were held for limited periods in observation cells in the "Booking" area.
Booking consisted of the Booking desk which formed the central hub of detainee
intake, jail movement, communication, and operations. Eight booking cells could be
directly observed by officers at the Booking desk several feet away. Among the eight
Booking cells, BKS was unique in that it was essentially a cement box with a small
grate on the floor that opens into a hole for fluids to drain from the cell. Capable of
being "flushed" only from outside of the cell, BKS was often referred to as the drunk
tank in that it could easily be hosed down when inebriated people held there would
vomit. BKS was unlike all other cells in the Jail, but for observation cell AH3, which
had no hole in the floor and was used only for holding detainees for hours at a time.
BKS did not have a sink, a toilet, access to any running water, or a raised
platform to be used as a bed. Detainees housed in BKS depended on officers to escort
them to a toilet or shower and relied on officers to bring them water. BKS was
notoriously cold during winter months and the temperature on the bare cement floor
was even colder. A small window was located on the top half of the cell door and a
larger window covered the bottom half of the door. Again, this bottom window was
unique among the observation cells, other than AH3, and offered considerably more
opportunity for observation from the Booking desk than any of the other Booking
cells.
Individual #1 was transported directly to the Jail in a patrol car that was met
in the Jail's sallyport by correctional officers and supervisors including defendant
JONES, CO-CONSPIRATOR #1, CO-CONSPIRATOR #2, CO-CONSPIRATOR
#3, CO-CONSPIRATOR #4, AND CO-CONSPIRATOR #5. Upon being removed
from the patrol, car, Individual # 1 could not walk or stand on his own. He was
disoriented, non-combative, and could not follow instructions. These observations
were obvious to everyone who removed Individual # 1 from the car and defendant
JONES believed that Individual #1 needed to be taken to a hospital or mental health
facility rather than being incarcerated at the Jail.
Upon entry into the Jail, Individual # 1 was taken to a dress-out room so that
he could change from his street clothes into a jail uniform. He was sufficiently
helpless that he was not capable of undressing or dressing himself. After several
attempts by officers to struggle with putting on a jail uniform on Individual # 1,
officers simply wrapped a suicide smock around him (known as a "turtle" suit)
without an indication that Individual # 1 was suicidal, instructions that he be treated
as if he was suicidal, or instructions that he needed to be naked for security reasons.
The efforts to deny Individual # 1 care persisted despite his obvious need for
mental health and medical services. Individual # 1 was frequently expressing severe
mental health symptoms such as talking incoherently about "demons" and "portals."
He was often covered in feces, which was an indication that he could not care for
himself. Nearly every time defendant JONES saw Individual # 1, he was on the floor
and "looked really bad." Defendant JONES observed Individual# 1 deteriorate over
the course of his incarceration. As the time passed, Individual #1 was almost always
naked, wet, cold, and covered in feces while lying on the cement floor without a mat
or blanket. By the second week of incarceration, Individual # 1 was largely listless
and mostly unresponsive to questions from officers. Nonetheless, neither defendant
JONES, nor any of the CO-CONSPIRATORS took steps to alter the conditions in
which Individual # 1 was housed despite Individual #l's obvious suffering.
Despite the obviousness of Individual # 1's need to any and all who saw him
at any time during his incarceration, defendant JONES and his co-conspirators
actively chose not to provide care to Individual # 1. At least once during each shift,
either defendant JONES, or CO-CONSPIRATOR #2, CO-CONSPIRATOR #3, or
CO-CONSPIRATOR #4, would comment on Individual # 1's condition and some
member of the conspiracy would dismiss Individual # 1's needs by saying: "Fuck
him, he gets what he gets since he shot at cops," or words to that effect.
At the beginning of his shift on January 26, 2023, around 6:00 am, CO-
CONSPIRATOR #5, told defendant JONES that a nurse had seen Individual #1 in
the early morning hours and ordered that Individual # 1 be transported to a hospital
and that the transport should take place as soon as possible. The same message was
conveyed by other officers to CO-CONSPIRATOR #2 in the presence of defendant
JONES and others.
Individual # 1 to be transported to the hospital for more than 3 hours after officers
reported the nurse's instructions and the urgent need to do so. After defendant
JONES transported several detainees to court that morning, he was instructed to join
other officers at Walker Baptist Medical Center Hospital where Individual # 1 had
been transported by fellow officers in the back of a patrol car, rather than by
ambulance. Upon arrival, he learned that Individual #1 'smother had been called to
the emergency room and overheard her giving permission to medical staff to remove
Individual # 1 from life support.
justified to subdue Individual #2; and that defendant JONES blocked Individual
#2's intended attack on OFFICER A with his O.C. cannister, thereby damaging the
cannister, and causing the O.C. dispersal. Each of these allegations was untrue and
was written to hide the unjustified use of force against Individual #2.
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
not constitute all the evidence of each and every act that the defendant and/or
following disposition:
IV. WAIVERS
CONNER JONES, hereby understand, acknowledge, and agree that if this plea
agreement is set aside for any reason, I will not assert any defense based on any
seq., that includes the passage of time from and including the date of this plea
agreement until and including the date of entry of any order setting this plea
agreement aside.
and/or sentence in this case, as well as any fines, restitution, and forfeiture
orders, the Court might impose. Further, I waive and give up the right to
proceeding, including, but not limited to, a motion brought under 28 U.S.C. §
2255, and any argument that (1) the statute(s) to which I am pleading guilty is
or are unconstitutional or (2) the admitted conduct does not fall within the
acknowledges and understands that the Government retains its right to appeal
this agreement, including the failure to tender such agreement to the district
court, or attempts to withdraw the plea (prior to or after pleading guilty to the
charges identified in the agreement), the government will have the right to
and Rule 410 of the Federal Rules of Evidence, and the government will be free
to use against the defendant, directly and indirectly, in any criminal or civil
directly below to signify that I fully understand the foregoing paragraphs, and
The defendant's counsel has explained to the defendant, that in light of the
United States Supreme Court's decision in United States v. Booker, the federal
and is not required to be within the guideline range. The defendant agrees that,
pursuant to this agreement, the Court may use facts it finds by a preponderance of
the evidence to reach an advisory guideline range, and the defendant explicitly
waives any right to have those facts found by a jury beyond a reasonable doubt.
The defendant fully and completely understands and agrees that it is the
Court's duty to impose sentence upon the defendant and that any sentence
that the Court is not required to accept the Government's recommendation. Further,
the defendant understands that if the Court does not accept the Government's
recommendation, the defendant does not have the right to withdraw the guilty plea.
The defendant understands that if the defendant (a) violates any federal, state,
or local law or any condition of pretrial release after entering into this plea.
agreement, (b) moves the Court to accept a plea of guilty in accordance with, or
pursuant to, the provisions of North Carolina v. Alford, 400 U.S. 25 (1970),
(c) tenders a plea of nolo contendere to the charges, (d) violates any other term of
this plea agreement, and/or (e) does or says anything that is inconsistent with the
acceptance of responsibility, the plea agreement will become NULL and VOID at
the election of the United States, and the United States will not be bound by any of
herein. Further, such election will not entitle the defendant to withdraw a previously
entered plea.
The defendant understands and agrees that this agreement DOES NOT BIND
any other United States Attorney in any other district, or any other state or local
authority.
• fully disclose all assets in which the defendant has any interest or over which
• identify all assets over which the defendant exercises or exercised control,
directly or indirectly, within the past five years, or in which the defendant has
• take all steps as requested by the Government to obtain from any other parties
by any lawful means any records of assets owned at any time by the defendant;
administer concerning such assets and to provide and/or consent to the release
The defendant further agrees that the above information, as well as any of the
truthful. Finally, the defendant expressly authorizes the United States Attorney's
Office to obtain a credit report on the defendant to evaluate the defendant's ability
As part of the defendant's plea agreement, the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts. The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendant's range of punishment
under the advisory sentencing guidelines. The defendant admits that all the crimes
listed in the factual basis are part of the same acts, scheme, and course of conduct.
This agreement is not meant, however, to prohibit the United States Probation Office
or the Court from considering any other acts and factors, which may constitute or
providing for the dismissal of any counts, the defendant agrees to pay any
appropriate restitution to each of the separate and proximate victims related to those
counts should there be any and waives objection to the inclusion of that restitution
acknowledges that this agreement does not apply to or in any way limit any pending
The defendant recognizes that pleading guilty may have consequences with
respect to the defendant's immigration status if the defendant is not a citizen of the
I
United States. Under federal law, a broad range of crimes are removable offenses,
including the offense(s) to which the defendant is pleading guilty. The defendant's
guilty plea and conviction make it practically inevitable and a virtual certainty that
the defendant will be removed or deported from the United States if the defendant is
not a citizen of the United States. Removal and other immigration consequences are
the subject of a separate proceeding, however; and the defendant understands that
no one, including his attorney or the district court, can predict to a certainty the effect
of his conviction on his immigration status. Understanding all of this, the defendant
nevertheless affirms that the defendant wants to plead guilty regardless of any
immigration consequences that plea may entail, even if the consequence is automatic
I have read and understand the provisions of this plea agreement consisting of
eighteen (18) pages. I have discussed the case and my constitutional and other rights
continue to plead not guilty, to a trial by jury, to the assistance of counsel at that trial,
I understand that this plea agreement will take effect and will be binding as to
the Parties only after all necessary signatures have been affixed hereto.
I have personally and voluntarily placed my initials on every page of this plea
agreement and have signed the signature line below to indicate that I have read,
understand, and approve all the provisions of this plea agreement, both individually
7/2-\/2\Jc -0
DATE JOSHUA CONNER JONES
Defendant
I have discussed this case with my client in detail and have advised my client
of all my client's rights and all possible defenses. My client has conveyed to me that
my client understands this plea agreement and consents to all its terms. I believe the
plea and disposition set forth herein are appropriate under the facts of this case and
are in accord with my best judgment. I concur in the entry of the plea agreement on
-:JJ(-J~
DATE
Defendant's Counsel
I have reviewed this matter and this plea agreement and concur that the plea
and disposition set forth herein are appropriate and are in the interests of justice.
PRIM F. ESCALONA
United States Attorney
7 IJ9 l~'-1
DATE MICHAEL A. ROYSTER
Assistant United States Attorney
A. ~RTIN, JR.
Assistant United States Attorney