Although a date has not been scheduled yet for the Ricky Saxton murder trial, there have been actions related to the case in Circuit Court.
Johnny Mack Brown, who was charged in the murder of local businessman Saxton, will have an escape charge removed from his list of indictments. However, his motion to withdraw an armed robbery charge was denied.
Brown was arrested on June 8, 2015 for the murder of Saxton and was charged with capital murder, armed robbery, possession of a firearm by a convicted felon, conspiracy and escape.
The motion to withdraw the escape charge said “the first four counts are all allegedly connected to the robbery and shooting death of Ricky Saxton which occurred in November 2013.”
The motion said the alleged escape of Brown from the Yazoo City Police Department occurred in June of 2015, 19 months after Saxton’s death.
“The lengthy time period of 19 months between the first four counts and the escape count clearly suggests that the escape was not part of a ‘common scheme or plan’ with the other four alleged offenses,” the request said. “Additionally, the evidence and witnesses needed to prove escape would substantially differ from the evidence needed to prove the other counts…The State further failed to show that the crimes are interwoven or that there is any common thread between them that would justify a single trial.”
The motion to sever Brown’s escape count was granted.
However, the request to withdraw an armed robbery charge was denied.
“The defendant has filed this motion to quash count two, armed robbery, asserting that he cannot be prosecuted on the armed robbery charge because it is the underlying felony used to elevate the homicide to a capital murder charge and, therefore, a violation of the double jeopardy protection afforded to him under state and federal constitutional law,” the motion reads.
However, the Supreme Court has previously held that there is no double jeopardy violation in trying a defendant simultaneously on both capital murder and the underlying felony count.
“The double jeopardy clause prohibits multiple punishments for the same offense,” the order said. “A double jeopardy violation does not exist until the jury returns a verdict of conviction on both counts.
