GUILTY OH - Theodore 'Tim' Timmons, 62, murdered, Londonderry, 26 July 2016 *Arrest*

[Traveller]

Can spouses testify against each other in court. Hanes and Nelson both recently married. Hanes out of prison April 2016 and married a few months later.

 

[Dr. Know?]

Can spouses testify against each other in court. Hanes and Nelson both recently married. Hanes out of prison April 2016 and married a few months later.

Hanes wasn't officially married. His gf posted that info. Not sure about Nelson, I don't remember reading that the other day but will check again.

 

[Traveller]

There was her post saying they got married June 28. She posted a photo of name Hanes tatooed on back of neck and said she was officially a Hanes now. Not actually married?

 

[GTAWmom]

There was her post saying they got married June 28. She posted a photo of name Hanes tatooed on back of neck and said she was officially a Hanes now. Not actually married?

Lots of people change their statuses to married when a relationship gets serious. It doesn't mean they were legally married. Surely a tattoo doesn't make it a legally binding contract. Js

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[Dr. Know?]

There was her post saying they got married June 28. She posted a photo of name Hanes tatooed on back of neck and said she was officially a Hanes now. Not actually married?

It appears that info is hidden now on both fb pages. A relative asked why they weren't invited to the wedding & it said they weren't really but "we might as well be married". Checked Franklin Co. marriage records and there's no record. Could be a different county.

Certainly wouldn't marry someone a day after they murdered someone, then the day after the supposed wedding he's gone baby gone.

Forget I said it, can't prove it now. I did read it though.

 

[Everyday Grace]

Two fugitives from Ohio involved in the shooting death of Hatch Police Officer Jose Chavez met in the Ohio prison system and are believed to have been helped get across the country by friends and family.

KOB spoke with Ross County (Ohio) Lt. Michael Preston Wednesday, who said detectives believe 38-year-old Jesse Hanes and 36-year-old James Nelson initially planned to rob 62-year-old Theodore Timmons before he was killed July 25.

The lieutenant said detectives don't believe the two men had any personal relationship with Timmons.

Lt. Preston says deputies believe Nelson was trafficking meth while in Ohio – he was charged with meth and marijuana trafficking after his arrest in New Mexico as well -- and that he and Hanes were trying to escape to Mexico after the murder of Timmons.

He said the two are believed to have received money from friends and family to eventually make it to New Mexico, but said the sheriff's office doesn't have enough evidence at this point to file charges against those involved for aiding the fugitives.

After Timmons' body was found, Ohio law enforcement agencies spent nearly two days on a statewide manhunt that proved unsuccessful. Nelson and Hanes are believed to have stolen cars and robbed their way to New Mexico.

http://www.kob.com/albuquerque-news...-hatch-officers-murder-met-in-prison/4236747/

 

[Traveller]

I just saw the post where Amanda states she and Hanes were married June 28. (Not July 28 after murder as I believe you are thinking.) Saw it an hour ago. First saw it a couple of days ago. The "might as well be married" post was earlier. What I really want to know is can spouses testify against each other in court?

 

[GTAWmom]

I just saw the post where Amanda states she and Hanes were married June 28. (Not July 28 after murder as I believe you are thinking.) Saw it an hour ago. First saw it a couple of days ago. The "might as well be married" post was earlier. What I really want to know is can spouses testify against each other in court?

I think they can if they want but I believe they can not be forced unless they had prior knowledge or are involved in the crime.

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[Everyday Grace]

I just saw the post where Amanda states she and Hanes were married June 28. (Not July 28 after murder as I believe you are thinking.) Saw it an hour ago. First saw it a couple of days ago. The "might as well be married" post was earlier. What I really want to know is can spouses testify against each other in court?

Under Ohio law, spouses cannot be compelled to provide testimony and they are barred from doing so under some circumstances under the privileged communication doctrine.

Ohio has exceptions for testimony if there is a DV charge or violence/abuse against others in the home.

In short, spouses generally do not have to take the witness stand against each other if they do not want to. But, even in some cases where they might want to, they cannot do it if what they want to testify about is something that happened in the privacy of the marriage and the other spouse does not want them to.

http://www.columbuscriminaldefensea...your-husband-or-wife-testify-evidence-part-x/

That link goes to the viewpoint of a criminal defense attorney so their inclination is going to be heavy on the privileged communication side.

If a legal spouse wants to provide testimony in court against Hanes or Nelson, the issue will be hashed out in front of a judge to make the determination if voluntary testimony is admissible under the particulars of the testimony itself.

Don't see either woman desiring to provide testimony willingly other than under the cloud of dealing away any possible criminal conduct they might have engaged in.

 

[GTAWmom]

Under Ohio law, spouses cannot be compelled to provide testimony and they are barred from doing so under some circumstances under the privileged communication doctrine.

Ohio has exceptions for testimony if there is a DV charge or violence/abuse against others in the home.



http://www.columbuscriminaldefensea...your-husband-or-wife-testify-evidence-part-x/

That link goes to the viewpoint of a criminal defense attorney so their inclination is going to be heavy on the privileged communication side.

If a legal spouse wants to provide testimony in court against Hanes or Nelson, the issue will be hashed out in front of a judge to make the determination if voluntary testimony is admissible under the particulars of the testimony itself.

Don't see either woman desiring to provide testimony willingly other than under the cloud of dealing away any possible criminal conduct they might have engaged in.

Nor could I see either one of them telling the truth if they were forced to. Some have speculated a relationship with WK. They would be better off focusing on her as a witness. Imo

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[Everyday Grace]

Nor could I see either one of them telling the truth if they were forced to. Some have speculated a relationship with WK. They would be better off focusing on her as a witness. Imo

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Agree. She appears to have demonstrated a willingness.

Haven't seen reporting on (or the documents themselves) of the probable cause for charging Hanes and Nelson or for charging Kuhn or on any related search warrants.

Likely under court seal. They should be good reads that should some light on this crime.

Possible that Nelson might be willing to testify against Hanes on the Ross County murder and who knows what else they may have been involved in together in Ohio

Not so fine of a line, though, for prosecutors to not deal aware the store for any of his testimony if WK's testimony and physical evidence place a lesser value on what he might testify to regarding Theodore Timmons.

Public sentiment will be very sour if Nelson deals himself into a relatively light sentence regarding Timmons.

Won't matter who pulled the trigger if both were present when the murder took place during the course of a robbery; they can each be adjudicated guilty of aggravated murder and eligible for the death penalty in Ohio.

 

[Dr. Know?]

Sara NealeighVerified account ‏@saranealeigh 3h3 hours ago Chillicothe, OH
Our partners in New Mexico report Jesse Hanes has been released from the hospital and is expected in court this afternoon. #cgnow

https://twitter.com/saranealeigh

 

[Dr. Know?]

NM case lookup has Nelson in court today at 3:00pm.

08/18/2016 3:00 PM First Appearance Macias, Fernando R. LAS CRUCES DISTRICT COURT Courtroom 5

https://caselookup.nmcourts.gov/cas...rvice=direct&session=T&sp=SD-307-CR-201600834

The record shows he waved extradition for his other court case.

D 1 1 3 31-4-2 Fugitive from Justice F4 08/12/2016 No Plea Extradition Waived 08/15/2016

https://caselookup.nmcourts.gov/cas...ervice=direct&session=T&sp=SM-14-ER-201600133

You probably have to enter his info again at link.

 

[Dr. Know?]

Just checked the change of address Hanes filed on 4/28/16 in Franklin County Court and that address per google doesn't even exist.

http://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/caseSearch?WMm6MG11dz9LlIIceNPm

Again, you may need to reenter the information.

 

[Everyday Grace]

Court records suggest Hanes wasn’t checking in with parole.

“They need to be more aggressive with people who are on parole and aren't following rules and conditions of parole,” Franklin County Prosecutor Ron O'Brien told 4 Investigates.

O’Brien said sometimes parole and probation employees have a heavy caseload, allowing some of the released to be off the state's radar.

O’Brien said Ohio’s prison population is approximately 50,000 and there are only 40,000 beds. A state board that addresses criminal justice reform in the state is already talking about releasing non-violent offenders to make room for dangerous ones like Hanes.

The Ohio Career Criminal Act goes into effect in September. It allows judges to give lengthier sentences to violent repeat offenders.

http://www.kob.com/investigative-ne...rosecutor-admits-prison-overcrowding/4237651/

 

[Everyday Grace]

Just checked the change of address Hanes filed on 4/28/16 in Franklin County Court and that address per google doesn't even exist.

http://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/caseSearch?WMm6MG11dz9LlIIceNPm

Again, you may need to reenter the information.

I found it here:

http://www.zillow.com/homedetails/1263-Loretta-Ave-Columbus-OH-43211/33870471_zpid/

 

[Everyday Grace]

I found it here:

http://www.zillow.com/homedetails/1263-Loretta-Ave-Columbus-OH-43211/33870471_zpid/

Found a name, a daycare business and a cupcake business associated with that address.

Found a FB grouping with that name that includes Jesse Hanes and AH. Also includes a person possibly related to Hanes who lives in Denver.

Feds have said they believe Hanes and Nelson received assistance from family and friends to leave Ohio.

Those two Colorado bank robberies remain good possibilities IMO.

 

[Dr. Know?]

I wonder where they picked up Jones from? Isn't he from MO? We use to take the southern route from OH to AZ and we went through MO. If we took the northern route we would go through CO to Alburgue on down to Las Cruces.

 

[GTAWmom]

Found a name, a daycare business and a cupcake business associated with that address.

Found a FB grouping with that name that includes Jesse Hanes and AH. Also includes a person possibly related to Hanes who lives in Denver.

Feds have said they believe Hanes and Nelson received assistance from family and friends to leave Ohio.

Those two Colorado bank robberies remain good possibilities IMO.

Isn't his middle name Denver?

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[Everyday Grace]

I wonder where they picked up Jones from? Isn't he from MO? We use to take the southern route from OH to AZ and we went through MO. If we took the northern route we would go through CO to Alburgue on down to Las Cruces.

Anywhere along I-70 if they took that route.

Jones said to be from Hannibal. I-72 crosses into MO at Hannibal. Possible they could have veered north of 70 and taken that route.