BUFFALO, N.Y. — Jamien Harris, 41, of Buffalo, who was just charged with the murder of her 90-year-old grandmother may never spend time behind bars.
A Erie County judge sided with the defense’s motion to dismiss her murder charge citing double jeopardy — a clause in the Fifth Amendment that prohibits anyone from being prosecuted twice for substantially the same crime.
Nicholas Texido, Harris’ co-counsel, said the District Attorney’s office did just that.
In November, his client pleaded guilty to having a criminal possession of a firearm charge, but then in May the District Attorney’s office attempted to charge her with murder along with that same possession charge she had already pleaded guilty to.
“Doing it any other way could allow for someone to be prosecuted the rest of your life if they bring one charge at a time,” Texido said.
Harris lived with her grandmother, Catherine Jones, on Highgate. In November of 2021, their neighbors reported a disturbance. When police arrived, they found 90-year-old Jones dead on her couch with a gunshot wound in her chest.
Harris, from what the District Attorney told 2 On Your Side in May, was in a frantic state.
“Inside of the house by the front door and the windows of the front door had been smashed and she was acting erratically and she was naked,” Erie County DA John Flynn said.
The DA’s office said it plans to appeal the judge's decision but the office can’t comment further given the case is now dismissed.
The office has 30 days to file that appeal. If successful, the murder charges can be brought.