Treshawn Ware was sentenced to 17 years in prison on Tuesday for shooting and killing his cousin Frankie “Jay” Jackson during an argument outside the Collins Irish Pub in downtown Flagstaff in the spring of 2022. was
Ware pleaded guilty to first-degree manslaughter in January. Last spring, he was charged with second-degree murder, aggravated assault with a deadly weapon, and disorderly conduct with a weapon.
The basis for Ware’s manslaughter plea is ARS 12-1103 subsection A, which states that the statute: victim. “
The shooting occurred shortly after a bar brawl that, according to court documents, was in the midst of “months of hostilities” to justify lowering Ware’s charges to manslaughter. , an appropriate provocation was used. According to his plea bargain, Ware said he could be sentenced to no more than 10 1/2 years and no more than 21 years in prison.
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On March 20, 2022, Ware and friend Brandon Patrick got into a fight with Ware’s family outside the Collins Irish Pub.
The branch of the family that Ware and Jackson share has been feuding for months. The two made threats through social media and messaging apps. “Both ‘sides’ were posing that night,” according to court documents.
After delivering a blow that stunned Patrick, Jackson’s brother, Nico, threw the first punch, according to court documents and video footage shown in court. A fight ensued involving a sizeable group of family members.
The 6-foot-3 shooting victim was described by his sister as a giant weighing over 400 pounds. At one point, he punched Ware and “smashed” him onto the pavement. Ware and Jackson eventually separated, as evidenced by video footage of Ware walking away. Nine seconds after the fight appeared to have calmed down, Ware turned to Jackson and fired two shots from his pistol.
Jackson died of his injuries at Flagstaff Medical Center shortly after the shooting.
The state sought to sentence the defendants to imprisonment for at least 18 years.
Prosecutor Jonathan Mosher argued nine seconds after the victim was “released from the fight” was an important factor for judges to consider when sentencing Ware.
Mosher said Ware was the victim of a misdemeanor on the night of the shooting.Prosecutors said a misdemeanor did not justify the death penalty. He went on to claim that Ware acted as “a judge, jury and executioner.”
Ware’s attorney, Ryan Stevens, argued that Patrick was the victim of a felony assault and that fears for the safety and life of his unwitting friend led to Ware’s decision to fire the weapon.
In the months leading up to the explosive and deadly altercation, the victim texted Ware, broke his jaw the next time he saw him, texted “dead buddy,” He said he didn’t want to watch Ware’s son grow up. without dad.
Jackson wasn’t the only one who threatened Ware, according to text messages cited by the defense.[I] I hope he gets caught up in this shootout. ”
a tense verdict
Members of both the Jackson and Ware families attended court Tuesday morning, and the atmosphere was tense.
As the victim’s sisters took the podium and told the judge about their brothers, they described gentle giants. It was projected. In them, Jackson appears behind a barbecue grill with his niece and his nephew on the beach, glowing in black and white.
“If you come here at Christmas, you’ll find a home full of lost souls,” said Desiree Jackson, the sister of the victim.
As she and her two siblings talked, it became difficult to remember that the room was inside the Coconino County Superior Court. The funeral looked like a funeral, with sobbing, tearful gasps and hiccups of laughter echoing through the gallery, responding to the looming Jackson photos and memories.
Amidst the chains of blue prisoner jumpsuits wrapped around Ware’s waist and the heightened security, I could recall solemn memories of the day. Multiple Flagstaff police officers, at least three in uniform Police officers dressed in robes, numerous bailiffs formed a T-shape in the courtroom, creating an armed body barrier that physically divided the already torn family members.
The catalyst for this incident was a surge of emotion. The defense said it was Ware’s terror that led him to carry a gun that night. It lasted until
A pre-judgment memorandum filed by Stevens included social media posts made by Jackson’s family earlier this month. The posts contain profanity, which defense attorneys describe as “an attack on Mr. Ware’s fiancée and the mother of his children.”
At the outset of Tuesday’s sentencing, Slayton said: Inappropriate comments don’t convince me. ”
There were no outbursts in the courtroom, but several shashas exchanged throughout the aisle, and a few unidentifiable comments muttered with the breathlessness of observers.
In a painful act, one of Jackson’s family members came with a poster board of the victim’s photo and pointed it at the right aisle of the courtroom and those who came to sit in solidarity with the defendant.
Ware, for his part, seemed affected by the scene. He kept his head down during most of the proceedings. A small pile of tissues appeared in front of him, trying to stifle the tears he shed before hearing the judge’s final words.
Jackson’s mother, Felicia Galloway, told the judge, “These two boys were in a pinch over a family group chat. They should never have been in a pinch.” Both were trying to stand up for each other’s families. ”
Both victims and defendants were described as peaceful in their own ways until that March night.
“He didn’t have any hatred, not even to you, he didn’t,” Galloway told the defendant. “Right hand to God.”
Ware’s uncle, James Jackson, has worked in law enforcement for over 30 years. He wrote a letter on behalf of the accused, stating: Neither has ever shown this side in front of me. ”
Slayton told Ware that he did not understand why he did not seek advice from his uncle, a law enforcement officer, when he felt threatened by the comments and threats of victims and their families.
“Why didn’t you take advantage of the people who helped you?” asked Slayton.
When the defense sought an estimated ten-and-a-half-year sentence for Slayton, Stevens referred to Ware’s fears. Stevens said he was worried that his family would turn violent, but that night’s fight made Ware’s fears come true.
Stevens argued that Ware would not pose a threat to the wider community, based on testimony about his character, and said that Spring Night violence stemmed from idiosyncratic events and the building of bad blood. .
Prosecutors instead argued that Ware should be held accountable for the recklessness of firing the weapon that night. He argued that it could not only kill the victim, but also endanger everyone inside.
Mosher also said it exacerbated the emotional damage inflicted on the family.Many of those seated behind the prosecutor had versions of John 3:16 on their backs and “Handsome J” on their fronts. The room erupted in violent sobs as many of the families spilled out of the gallery and were overcome with emotion when the fight and killing video played.
“They must want to be furious,” said Mosher. “If you’ve ever been there when someone you love was killed, can you put that aside and talk about who they are?”
Mosher added that the emotional scars inflicted on Jackson’s family cannot be measured in ounces or pounds.
Ware’s fiancée and his grandmother spoke calmly on his behalf, calling him a powerful provider and selfless person.
Before the sentence was handed down, Ware spoke on his own behalf, admitting responsibility for not walking away when the fight appeared to be coming to an end, instead reaching for his gun.
“I wish I could go back to that night and stop him from attacking me and stop me from taking his life… A mother and father lost their son. Age 6 ‘s children will now lose their fathers,” said Ware, referring to the loss of his own son while impending incarceration.
Slayton ultimately said that while the presumptive sentence was not appropriate, the maximum sentence was not.
“The use of violence, the use of guns must stop,” the judge said.
Slayton recalled watching the tape from the night of filming, and simply couldn’t make sense of the action in the footage.
“I specifically saw the section where Jackson was in the street. I saw you coming up and shooting him. He really wasn’t looking in your direction,” he said.
Slayton then gets a 17-year sentence and Ware has to serve 85% of his time before being eligible for parole. The announcement was met with sobs from Ware’s fiancée and the mother of his children as she collapsed into the arms of her beloved in the front row of the gallery. Other families left the court abruptly before the issue of bond and compensation was resolved.
When he was taken away and placed in the custody of the Department of Corrections, Ware took one last look over the shoulder of the bailiff at his tearful fiancée and the empty courtroom.
The judges addressed both sides of the gallery before the proceedings ended with remarks reserved for the first warnings and calls for civility after the gavel was first dropped on Tuesday.
“I think something bad happened between both families that night. I’m not here to judge Ware as a man. I’m here to judge his moral character. I’ll leave it up to the judge,” Slayton said, instructing the family to consider mending their broken ties.
“Build a bridge,” he said.
Sierra Ferguson can be reached at sierra.ferguson@lee.net.
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