Convictions in Chris Paul’s Grandfather’s Case Overturned
A North Carolina judge has overturned the convictions of four men related to the death of Nathaniel Jones, grandfather of basketball star Chris Paul, which occurred in 2002. State prosecutors are now evaluating their next steps, including the possibility of an appeal.
Judge Robert Broadie’s decision, from the Superior Court, came after a hearing in January in Forsyth County. The defendants, Nathaniel Arnold Cauthen, Rayshawn Denard Banner, Christopher Levon Bryant, and Jermal Matthew Tolliver, had been found guilty in trials held between 2004 and 2005 for the death of Jones.Chris Paul was a high school student in 2002 when his grandfather, Nathaniel Jones, was tied up and assaulted, subsequently suffering a heart attack that caused his death. The convictions against the four men involved in his death have been overturned.Jones, 61, died of a heart attack outside his home in Winston-Salem after being tied up, beaten, and robbed. The accused were between 14 and 15 years old at the time of their arrest.
Judge Broadie’s order, issued on Friday, was based on the retraction of a key witness’s testimony, deficient legal representation, and questionable actions by the police. Furthermore, the DNA profiles “serve to corroborate the defendants’ claims that their confessions were false” and that “they were not present at the crime scene,” as the judge wrote.
Chris Paul, at the time a standout high school basketball player, had committed to play at Wake Forest University in Winston-Salem. Paul, now 40 years old, is a 12-time NBA All-Star and currently plays for the Los Angeles Clippers.
Attorney General Jeff Jackson’s office asked the state Court of Appeals to halt the execution of Broadie’s order “while we review it and consider next steps,” according to spokeswoman Nazneen Ahmed.
Cauthen and Banner were convicted of first-degree murder and are serving life sentences. Bryant, Tolliver, and Dorrell Brayboy were convicted of second-degree murder and were released after serving their sentences. Brayboy was fatally stabbed outside a supermarket in Winston-Salem in 2019.
The state prosecutor’s motion on Monday argued that, without action, Cauthen and Banner “will be released back into the community without this Court having the opportunity to hear and determine the State’s issues on appeal.”
Forsyth County District Attorney Jim O’Neill criticized Broadie’s decision, particularly his dismissal of the cases “with prejudice,” which could make it difficult to appeal.
I have never seen that happen before in a court of law. Most judges welcome scrutiny and review of their decisions by the appeal.
Jim O’Neill, Forsyth County District Attorney
Christine Mumma, a lawyer at Banner and Cauthen, responded to the criticisms about the judge’s decision.
If the General Assembly did not want judges to have the authority to dismiss with prejudice, they would not have given them that authority. Nor would they have approved statutes that recognize that if charges are dismissed with prejudice, there is no right of appeal.
Christine Mumma, Banner & Cauthen Attorney
Mumma is the executive director of the North Carolina Center on Actual Innocence, a non-profit organization that helps investigate and litigate innocence claims.
