Attorney appeals judge’s ruling in fatal shooting outside Flint gas station

LANSING, MI – A Flint man accused in a fatal shooting outside a Sunoco gas station in Flint is appealing a ruling by a Genesee County judge to the Michigan Court of Appeals.

Scott Bigger, the defense attorney for Marquon Leon Jackson, has filed an interlocutory appeal in the Michigan Court of Appeals petitioning for a review of Circuit Court Judge Brian S. Pickell’s decision to deny a motion to dismiss the case against Jackson and argue that certain evidence should have been deemed admissible.

The appeal was filed on Feb. 21, about a month after Pickell granted a mistrial in Jackson’s case.

On Monday, Feb. 27, Pickell was granted a stay of proceedings, meaning the trial that was originally slated to pick up for the second time on Wednesday, March 1, will be delayed.

“At the heart of the mistrial decision and the later decision on double jeopardy is the admissibility of evidence under MRE 404(a)(2) and MRE 403,” Bigger wrote in a motion asking Pickell to order a stay of proceedings while the Michigan Court of Appeals considers the case. “A decision on admissibility needs to be reviewed before any subsequent trials.”

Related: Man to stand trial in fatal shooting outside Flint gas station – again

Jackson is charged with the death of Khogaly Mozzaffar. If convicted, Jackson could face up to life in prison without the possibility of parole, as open murder contains both first- and second-degree murders – as well as manslaughter.

Attorneys for Jackson have argued Jackson was acting in self-defense in the shooting of Mozzaffar, whom they said was aggressive and reached into his vehicle like he was going for a weapon.

No firearm was found in Mozzaffar’s vehicle.

Read more: Trial in fatal shooting outside Flint gas station ends in mistrial

Jackson fired 12 rounds at Mozzaffar before running from the scene.

He returned a short while later and surrendered to the police.

Jackson had been free on bond since the conclusion of his preliminary examination in Genesee District Court.

However, following the mistrial, Jackson allegedly violated his tether and was remanded to the custody of the Genesee County Sheriff’s Office without bond.

Also: Judge questions murder suspect’s self-defense claim in Flint Sunoco gas station shooting case

At trial, Bigger questioned a witness who happened to be Mozzaffar’s cousin whether they were aware of the victim’s alleged involvement in a terrorist organization.

Prosecutors objected to the question and Pickell at trial advised the jury to disregard the question.

However, on Jan. 30 the state filed a motion taking things a step further, seeking a declaration of a mystery. A day later, the court held a hearing at which Pickell granted the mistrial.

Attorneys for Jackson on Feb. 6 motioned the court to dismiss the case with prejudice, but the court denied the motion more than a week later.

In court documents, Bigger argued that the admissibility of evidence of the victim’s character is allowed under the state law “for aggression in self-defense cases.”

Read more at The Flint Journal:

1 killed in early-morning shooting on Flint’s west side

Flint police ID man found shot to death outside Sunoco gas station

Flint man claims self-defense in fatal shooting outside Sunoco gas station

Man charged in fatal shooting outside Flint Sunoco gas station to face January trial

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