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By: Michael Bane, MMATorch Contributor
Jon Jones has made some fairly regular appearances in our Legal Take. Between brawling with Cormier, getting dropped by Nike, and testing positive for cocaine before his last title defense, it hasn't been good things that have brought his name into this column. And true to form, Jones’ latest newsworthy item isn't exactly what you'd call positive. Unlike some of the previous eye-roll inducing behavior, Jones's actions Sunday morning are extremely serious and have substantial consequences for Jones and his employer.
Talk about a surreal scene. If you were driving down Tabo Boulevard Sunday morning, you would have seen something pretty unbelievable, and almost incomprehensible. Jones runs a red light and causes a three car accident. He attempts to flee the scene, only to turn around and run back to his vehicle for a wad of cash he apparently had lying around his rental car. He then takes off again, hopping a fence and disappearing to who knows where.
Accidents happen every day, that's why we have insurance. There's a proper protocol for an accident. First, you check if you and your passengers are okay. Then you check if the people in the other vehicles are hurt. If at any point you find someone is injured, you call emergency services. Regardless of whose fault it was, that's just the way these things go, and in a lot of cases, everyone moves on without much long term issue.
So with all that, why would someone run from the scene of an accident, particularly when it's well known there are laws against it? Two reasons immediately come to mind: The first is that the car was stolen. The second is that the driver was under the influence of something, and fears a much greater consequence than just higher insurance premiums. As we're reasonably sure Jones had rented the car and not stolen it, it's pretty safe to assume the latter may have been a motivating factor for why Jones tried to hightail it out of the vicinity of the accident. Adding fuel to that particular fire was a marijuana pipe with a small amount of marijuana found in it.
If you've followed Jones' life outside of MMA, you may be familiar with the incident in which he crashed his Bentley into a pole in New York. Jones plead guilty to a misdemeanor DUI, got his license suspended for six months, and paid a small fine. The prior DUI undoubtedly played a very big role in Jones' decision to flee the scene. While it usually doesn't happen, even a first DUI can include jail time. The more DUIs you have, the more likely you are to serve time. While Jones may not have known what laws were in effect when he fled the scene, he undoubtedly had an intuitive sense that he really screwed up, particularly as he had a history of wrecking cars while under the influence of some sort of substance.
Jones' actions in this situation are both sad and reprehensible. If you've been in a car accident, you know you can take quite an impact and still emerge with only bumps and scratches. If you've hit someone hard enough to break their arm, you have just experienced a major impact. There's no way he didn't know that someone's life could have been endangered. While Jones obviously has a lot to lose as a professional athlete and celebrity, that pales in comparison to the potential death of an actual human being. Then he proceeded to run away from an injured woman, turn and come back for his precious cash, and then run away from her again. He never bothered to check to see if she was okay, his only concern being looking out for himself. Legal implication aside, this is a horribly selfish act, and Jones' lack of humanity and callousness to the well-being of another person is completely disgusting.
Jones attempt at fleeing the scene was almost a good plan. Getting a DUI or DWI requires that it be shown you were actually under the influence alcohol or some other sort of substance. Jones, possibly being high, could have hid out until his altered state passed, and then claimed he just got scared and made a poor decision. While people may have suspected, there really wouldn't have been anything a prosecutor could have done to show he was driving under the influence.
Unfortunately Jones’ hastily conceived plan ran into a few issues. First, there's New Mexico § 66-7-201 which makes it illegal to leave the scene of an accident, and requires an exchange of information as well as the addressing of any injuries should it be warranted. Even that might have been a problem worth dealing with over a DUI or DWI, as a misdemeanor hit and run charge would have likely just carried a small fine. Sadly for Jones, a pregnant woman in the vehicle he struck suffered a broken arm. Because the woman suffered “great bodily harm,” this raises the charge from misdemeanor to third grade felony, which carries a maximum of three years in prison and a $5,000 fine. Note that this is worse than a fourth grade felony when the victim suffered the same type of injury.
The difference between the third and the fourth grade felony (which carries a maximum of eighteen months in prison) has to do with intent. A person, who leaves the scene of an accident where someone suffered great bodily harm, but didn't knowingly do it, could be charged with a fourth grade felony. This could happen when someone didn't realize they were in an accident, possibly because they were in a mental state that didn't allow them to comprehend as much. A person who knowingly, intentionally leaves such a scene has committed the worse, third grade felony.
Perhaps Jones had hoped to convince the relevant parties that he had hit his head, or was in such a state of confusion he didn't have intent to leave the scene. That argument went out the window when he turned around and ran back for his money. He apparently had enough sense and awareness to think and process that, so it's not too much a stretch to believe he knew he was running away from the scene of an accident.
And this brings us to another issue in Jones flaws plan. While he turned around and ran back for his money, what he really should have grabbed was the pipe he left in the car containing marijuana if it was indeed his.. While this doesn't really do much to convict him of a DUI, it does give evidence that he had motivation to flee, and could be a factor in sentencing if Jones has to go to trial. The fact that his victim was pregnant isn't really going to help matters either. Running away from her twice, a second time in favor of cash, just looks terrible for this type of hit and run charge.
In case you haven't realized it, getting charged with a felony is a big deal. Jones is one of the prominent names in the UFC, and he's proven to be one of the top pay-per-view draws for the company. He had his own Nike campaign, and even after getting dumped by that company he rebounded to score a sponsorship deal with Reebok. If you caught any of the last UFC events on free TV, you may have seen the newest Reebok commercial featuring Jon Jones. As far as MMA fighters go, Jones is currently one of the biggest there is, and is talented enough to transcend the sport itself, if his poor decisions weren't getting in the way. This is just a huge story, and a horrible situation for the UFC to have to deal with.
An arrest warrant had been issued for Jones, and he turned himself in and was processed Monday evening. Jones is now free after posting $2,500 in bail. For those that aren't aware, bail is money deposited to a court to motivate a suspect to show up for court through the trial process. Skipping out on those particular obligations generally results in forfeiture of the posted bail. Factors used to determine the amount of bail include the nature of the crime, the likelihood of flight by the suspect, and the financial means of the suspect. Most of the time, bail includes a restriction not to leave the state that the suspect was charged in, meaning, absent special permission from a judge, Jones won't be able to make his fight at UFC 187 next month.
Up until turning himself in, Jones was nowhere to be found. According to various media reports, neither the police nor the UFC could get a hold of him. The news of the accident ran wild for over a day before Jones finally went into police custody. Why the delay? Perhaps he was having trouble comprehending the major consequences he was about to face, or perhaps he was in denial. More likely though he was huddled up with his lawyer or lawyers, figuring out what the best strategy is going forward, and what he should do once he finally surrendered to the police.
What should the UFC do here? What a company should do and what they want to do is not always the same thing, but in this case, they really should be. The Code of Conduct will provide for whatever punishments the UFC can impose on Jones. Given the relative lack of bargaining power that fighters have historically had, these are going to be pretty broad. The UFC should suspend Jones for a year, and fine him a relatively significant sum to show the rest of the world that they consider this behavior unacceptable.
While this seems like something that could hurt the UFC's bottom line by way of losing one of their top pay-per-view stars, in reality it may not do much at all. Jones next fight is scheduled to be in Nevada. Even if a judge were to allow him temporary travel privileges, he still needs to get licensed by the Nevada Athletic Commission. NAC 467.082 references NAC 467.885, and provides for the reasons that the NAC can deny a fighter a license to fight in their state. The NAC looks down on violations of Nevada laws and holds those as a reason to deny a fighter a license. As Jones technically broke a New Mexico law, this section probably won't be applicable, but it does show that there is a sentiment that citizens who are not law abiding shouldn't be allowed to fight. NAC 467.885 (5) provides for the denial of a license for any individual who has “Conducted himself or herself at any time or place in a manner which is deemed by the Commission to reflect discredit to unarmed combat.” That's a very broad category of behavior that is very easy to fit Jones's actions into.
So with all that, a suspension of Jones by the UFC may not result in any more time than he would miss anyway. This situation is already going to be a big enough distraction in UFC media events, having Jones on the card would make a circus environment during the media sessions in the final build up to the event itself. They get to take a very strong stance on an important social issue by showing that even their top fighters are not above the rules. For a sport that has often struggled to shed its barbaric roots, a statement like this can be very positive in raising national image.
Some have suggested that Jones should be stripped of his title. While that does indeed make a statement, the UFC can also show a human and compassionate side by supporting his recovery and treatment during this time. Poor choices or not, Jones is a human being, and hopefully he can redeem himself. If I were in the UFC's shoes, I'd plug Ryan Bader into a fight with Anthony Johnson for an interim title. It would keep the division moving, and provide a worthy co-main event to Wiedman vs. Belfot at UFC 187. If Jones manages to comply with some very stringent treatment and behavior guidelines, a unification and return bout a year later could be a positive thing.
The UFC may also want to negotiate with the NAC. As opposed to waiting for them to hand out some sort of punishment, get them to agree to the suspension with the qualifiers that Jones will undergo thorough and comprehensive treatment, and will properly show remorse for his actions when he attempts to become licensed in a year.
As far as Jones himself? Jones will face a potential civil suit from the pregnant woman who suffered the broken arm. Smart money is on a pre-litigation settlement with a confidentiality provision. If I had to hazard a guess, I'd say a settlement amount at somewhere between $75,000 to $200,000. There's nothing for Jones to gain in going to trial and trying to fight this. Between the high cost of legal fees he'd have to pay and the horrible facts that are going to emerge in such an action, it's just not worth it.
Some people may be confused and think that if Jones can settle he can then avoid the fine and jail time that would come with his hit and run charge. This is not the case. Whether or not to prosecute Jones on that front is a decision that lies with the state of New Mexico. Even if his victim declines to testify, her testimony is not needed in this case. Multiple witnesses put Jones at the scene and offer consistent descriptions of what took place. Numerous pieces of evidence support this as well. This woman doesn't need to testify, and it isn't really her call whether or not to press charges here. Even in settling out the civil aspect of this, Jones is still going to have to deal with the criminal part. He may also have to pay a small fine due to marijuana possession.
Jones’ team will push for any type of deal that doesn't involve jail or prison time and avoid a criminal trial. He may get his license suspended. He may have to perform some community service. He will probably pay some sort of fine no matter what the outcome. A likely story he could try to spin is that he was driving and like many others, got into an accident. A friend or other acquaintance had left a pipe and marijuana in his car, and realizing this, he panicked and ran. Now, many will be skeptical as to this story if this is the way it goes, but it's not completely unbelievable. What kind of deal is struck may depend on how ambitious the prosecuting attorney is, but outside of just plain setting an example, there isn't really a great benefit to a full trial and putting Jones in prison. Jones will almost assuredly fight any charge that involves prison time by forcing a trial. The state would be better served saving its money letting Jones plea to something that keeps him from being locked up.
Don't expect Reebok to run that commercial anymore. Jones will probably lose his second individual athletic apparel deal in less than a year, and the UFC's relationship with Reebok is off to a bit of a strained start. That fact is pretty trivial, though, in the big scheme of what happened. The sad thing about people who get DUIs is that it's not like they just happened to be driving intoxicated only one time in their life and that happened to be the time they got caught. No, the vast majority of people who drive under the influence do it far more often than drunken driving arrests show.
Jones needs help. He needs it badly. He is making incredibly bad decisions and is endangering himself and others. We are lucky we are not discussing a mother losing her unborn child, or even worse, her life. At the very least, he's guilty of absolutely horrible judgment. It's possible he may be a substance addict. If so, he has become the rare professional athlete who may want to turn to Johnny Manziel for life coaching and spend some extensive time in rehab. Jones has the talent and ability to be the greatest fighter that ever lived. Right now, he's the only thing standing in his way from accomplishing that.
Regarding the statement of Jones's attorney Vincent Ward, an attorney's duty is to advocate zealously for their client. That said, attorneys are also a dime a dozen, and are not the always hard to replace. When you're in the position of having a prominent client like Jon Jones, you do your best to keep him happy. Sometimes that's making your client look good in public, or in this case, at least trying to make him look less bad. Ward's statement both acknowledges that Jones is taking the matter serious, and also tries to minimize and distract from the severity of the situation by pointing to the fight ahead.
Given the ongoing nature of the criminal investigation and proceedings Jones is involved in, there isn't really a whole lot else to say. Arguing the case in the public media would be paint Jones in a horrible light, and would also reinforce his perceived insensitivity to the victim in this case. While Ward's words almost appear to be ignoring the situation Jones is in, his duty is solely to Jones and Jones's interests. Jones is in the precarious position of not wanting to admit fault or liability, so a guarded statement that says nothing (and isn't even necessarily true, for all we know Jones could already have been made aware he's not fighting at UFC 187) is a safe route for the time being.
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