Phyllis Malone Shooting: Arrest, Trial, and 24-Year Sentence

The Phyllis Malone shooting was the September 9, 2008, killing of a 31-year-old Memphis mother of five by Chancy Jones, a Memphis Police Department officer who had been having an affair with her. Jones shot Malone three times at a Shell gas station on Whitten Road, confessed the next day, and was convicted of second-degree murder in 2010 and sentenced to 24 years in prison without parole.¹²

What Happened at the Shell Station

Late on the night of September 8, 2008, Jones and Malone met at the Shell gas station at 1709 Whitten Road near Interstate 40 in Memphis. The two had been involved in a sexual relationship lasting several weeks. They argued about Malone’s claim that she was pregnant and her threat to tell Jones’s wife about the affair if he did not give her money for an abortion or the child’s insurance.¹

Jones shot Malone three times at point-blank range with a .38-caliber Rossi revolver as she sat in her blue Chevrolet Impala.³ He then took her cell phone, which contained records of their communications, and later threw both the gun and the phone into a river.¹

An autopsy determined Malone was not actually pregnant. Her sister Cassandra Malone and another witness, Cynthia Brown, both testified at trial that they did not believe she had been pregnant, noting she had previously said her tubes were tied.¹

Arrest and Confession

Jones reported for his regular shift at the Memphis Police Department’s Raines Station the day after the shooting. He had been on the force for roughly two to three years and had a clean disciplinary record.⁴ Homicide detectives relieved him of duty and took him to the homicide office. Deputy Director Toney Armstrong and Lieutenant Walter Davidson informed him he was a suspect, read him his Miranda rights, and obtained a signed waiver.¹

Jones initially denied any involvement. Under continued questioning he admitted to the shooting and gave a formal written confession, saying he shot Malone after she said “Bye, Chancy” and began to leave. He made no mention of self-defense or any threat to his safety.¹ He was charged with second-degree murder and fired from the department.²

The Trial and a Changed Story

Jones was indicted on first-degree murder and employing a firearm during the commission of a felony. The case was tried in Shelby County Criminal Court before Judge W. Mark Ward in June 2010, with Assistant District Attorney Missy Branham prosecuting.¹³

On the stand, Jones changed his story. His written confession said nothing about danger, but he now testified that as he walked toward his own vehicle, Malone revved her engine and threatened to run him over. He said he pulled the revolver from his pocket and fired two or three times through the passenger-side window in fear for his life.¹³

Defense attorney Ted Hansom introduced evidence of a 2002 aggravated assault conviction against Malone, a Class C felony involving violence, through a stipulation between the parties. He used it to argue Malone had a propensity for violence and to portray her as aggressive and prone to dishonesty. The trial court excluded protective orders the defense had sought to introduce, finding the underlying facts had not been established through testimony.¹

Verdict and 24-Year Sentence

The jury deliberated for about an hour. Jurors convicted Jones of second-degree murder, a lesser-included offense of the first-degree charge, and acquitted him on the firearm count.⁵ The prosecution had not proved the premeditation that first-degree murder requires.

After the verdict, Hansom told reporters: “I thought the evidence was overwhelmingly in favor of first degree, but it takes 12 jurors to make that decision and we have to abide by their decision.”⁵

On September 17, 2010, Judge Ward sentenced Jones to 24 years in prison without parole, one year short of the maximum for the conviction.²

Appeals

Jones took a direct appeal of his conviction. The Tennessee Court of Criminal Appeals ruled against him on April 5, 2012, and the Tennessee Supreme Court denied permission to appeal on August 16, 2012.¹

On August 8, 2013, Jones filed a petition for post-conviction relief, arguing he had received ineffective assistance of counsel because his trial attorney had not called two witnesses, Ida Johnican and Michael Beach, to testify about Malone’s character and propensity for violence. The post-conviction court denied the petition, and on December 29, 2015, the Court of Criminal Appeals affirmed, in an opinion by Judge Alan E. Glenn.⁶

Who Phyllis Malone Was

Malone was 31 when she was killed and left behind five children. Her sister Samantha spoke publicly about the loss: “When you take somebody like that with five children and sisters and brothers and a father and mother that loved her, too. … She was a good person. She had a good heart. She loved her family.” Samantha said her sister’s absence had a profound impact on her children and that she missed how funny Phyllis was.³

1
Justia. Chancy Jones v. State of Tennessee, W2014-02516-CCA-R3-PC
2
Action News 5. Ex-Officer Gets 24 Years in Girlfriend Shooting
3
Memphis Flyer. TV One Revisits Mistress Murder by MPD Officer
4
Action News 5. MPD Officer Charged in Woman’s Murder
5
Action News 5. Former MPD Officer Found Guilty of Second-Degree Murder
6
Tennessee Courts. Chancy Jones v. State of Tennessee