A California judge allowed a violent “third striker” with a convicted felony to participate in a cooperative trial program over prosecutors’ objections and convicted him of stabbing a man to death, while having his two previous convictions vacated.
The Orange County District Attorney’s Office announced Thursday that a jury found Ephraim Marand Barnett, 53, of Yorba Linda guilty of second-degree murder with a special aggravated charge for the 2023 killing of Toy Mim Jones outside an Anaheim sober living facility.
Barnett, along with Christina Roberts and another man, drove to the sober living facility to retrieve a 2009 Dodge Ram truck, which Roberts claimed belonged to her. Fox Los Angeles Barnett reportedly stabbed Jones five times during the confrontation.
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Convicted murderer Ephraim Barnett should not have been on the streets based on his criminal record, but a judge dismissed his criminal record, prosecutors said. (Orange County Jail)
Jones died at the scene.
Barnett has two prior convictions in Los Angeles County for kidnapping and robbery. In April 2018, an Orange County judge asked to have Barnett’s prior convictions vacated and to be allowed to participate in the Whatever It Takes Court program, which can only be done if the court vacates the prior convictions.
At the time, the program didn’t target those with serious past strikes, citing public safety risks. A judge granted the request, and Barnett’s felony robbery and burglary cases were dismissed in December 2020 after he completed the program.
The signs, put up by the Orange County District Attorney’s Office, read, “Crime doesn’t pay in Orange County. If you steal, we will prosecute you,” and are part of a new public safety campaign. (Orange County District Attorney’s Office)
“We warned the court that this individual’s serious and violent criminal history posed too great a risk to public safety and that he should not have been allowed to participate in a program where his past criminal conduct would have disqualified him,” Orange County District Attorney Todd Spitzer said.
State lawmakers and courts have allowed dangerous offenders to participate in such programs, Spitzer said.
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“Judges must balance potential benefits with protecting public safety. There are some cases where the facts and criminal history cannot simply be ignored,” he added. “This is one of those cases, and this man paid the price with his life.”
Barnett faces life in prison when he is sentenced on July 19.
