A26004800

Jackson was the second-in-command of a gang. In that role, he engaged in multiple acts of violence that culminated in the arranged assassination of James Foster. Jackson ordered Foster assassinated to prevent him from testifying about how he tried to murder him by burning him alive.



The details of his criminal acts are found in the First District Court of Appeals decision affirming the conviction that leads him to being before you today:

A review of the record in this case reveals the following. Timothy Murrell headed a gang that distributed crack cocaine. Jackson was "second in command" in the gang. In October 1990, Jackson, Timothy Murrell, Marvin Murrell and Ronald Webster allegedly abducted James Foster at gunpoint, transported him to a remote area, beat him, doused him with gasoline, and set him on fire. Foster survived the attack. Based upon these allegations, Jackson and the others were indicted for kidnapping, felonious assault and aggravated arson. When the original prosecution of the charges ended in a mistrial, a second trial was scheduled to begin on July 10, 1991. However, on July 6, 1991, Foster was shot and killed. The charges at issue in these appeals are based upon the death of Foster.

Jackson apparently determined that if Foster were dead and thus unable to testify, the charges filed against him with respect to the abduction, beating and burning of Foster would be dismissed. Accordingly, Jackson contacted Roosevelt Barron to kill Foster. Barron, who sold drugs purchased from Jackson, owed Jackson a large sum of money. Jackson offered to forgive Barron's debt if Barron killed Foster. In addition, Jackson threatened to harm Barron's family if he refused to cooperate. Barron eventually agreed to kill Foster.

Jackson provided Barron with a photograph of Foster because Barron did not know Foster. In addition, Jackson arranged for Barron to be accompanied by someone familiar with Foster as Barron searched for the victim. On several occasions, that companion was [Arnold] Daniels.

On July 6, 1991, Minor arrived at Barron's house and informed Barron that Jackson wanted to talk to him. Because Barron did not have a phone, the two went to Minor's house and called Jackson. Jackson informed Barron that Foster was in the LA Sound Center on Colerain Avenue and that Minor would drive Barron to the store so that he could kill Foster. On the way to Colerain Avenue, Minor noticed that Barron was nervous. In an effort to calm Barron's nerves, Minor offered him marijuana and alcohol. The two drank and smoked while they discussed how Barron would shoot and kill Foster. Minor dropped Barron off at a shop near the LA Sound Center and instructed Barron to wait for Daniels.

Daniels appeared a few moments later, gave Barron a description of what Foster was wearing, and handed Barron a gun. Barron walked to the LA Sound Center, spotted Foster and returned to Daniels. Disappointed to learn that Barron had not shot Foster, Daniels instructed Barron to return to the store, shoot Foster and then get into Daniels's car.

Barron returned to the LA Sound Center, located Foster, walked up behind him and shot him once in the back of the head. Foster died immediately. Barron exited the store, jumped into Daniels's car and informed Daniels that he had killed Foster. The two drove to the home of Janice Calloway, where Jackson was residing while serving a sentence under Hamilton County's home-incarceration program.

Upon entering Calloway's house, Barron informed Jackson that he had killed Foster. Jackson turned to Timothy Murrell and stated, "We got him, he got him, we ain't got to worry about him going to court, got his ass, ain't got to worry about him no more." Jackson then gave Barron a change of clothes and instructed Minor to drive Barron home.

Minor drove Barron to Barron's house and told him to shave off his mustache and beard. Minor then told Barron to come to Minor's house, where he had arranged to have Barron's haircut. Minor telephoned Jackson and then gave Barron $ 200 to pay for the haircut and to take his girlfriend to a movie.

Ultimately, Barron, Daniels, Minor and Jackson were arrested and charged with aggravated murder. Pursuant to a plea agreement, Barron agreed to testify against the others.

State v. Daniels, 92 Ohio App.3d 473, 478-480, 636 N.E.2d 336 (1st Dist.1993)

In addition to those facts, evidence showed that Jackson was the enforcer for Murrell’s drug organization. Jackson carried out this role with brutal tactics. It is especially brutal and evil to douse a human being in gasoline and then light them on fire while they are alive and conscious. While over seventy percent of Foster’s body was burned, he lived and had the courage to be willing to testify against Jackson. And for that courage, Jackson had him assassinated.

Notably, Kevin Carlton was abducted along and beaten alongside Foster. He managed to escape before Jackson lit Foster on fire. Carlton, however, received threats about testifying against Jackson and fled the state before the trial.

There are some individuals who commit crimes so vicious that they should never be released into society again. For attempting to murder Foster by burning him alive and then ordering his execution to prevent him from testifying at trial, Jackson deserves to spend the rest of his life in prison. The Hamilton County Prosecutors Office strongly opposes any release of Jackson.

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