Alan Jones traded a state prison cell for one in Oswego County’s lockup on Tuesday, the next step towards a court date that could lower his time in prison for the death of his stepsister, Erin Maxwell.
Oswego County Undersheriff Eugene Sullivan confirms that Jones was brought to the Oswego County Correctional Facility Tuesday on orders from Oswego County Court Judge Walter Hafner.
Jones’s lawyer argued successfully to the state’s second-highest court that Jones should have been convicted of manslaughter, not of murder because his actions did not show the depraved indifference to human life required for the murder conviction in 2009.
Jones was accused of choking Maxwell to death in their squalid Palermo home while their parents were shopping. Jones maintained Maxwell tried to hang herself. He called 911 and stayed with Maxwell until help arrived, points that were used to prove he did not act with depraved indifference.
District Attorney Greg Oakes said earlier this month that he would ask the state Court of Appeals, the state’s highest court, to reinstate the murder conviction. Monday, he said he did not have a timetable for presenting the appeal to the court.
Hafner was ordered by the Appellate Division to bring Jones back to the county so he can be resentenced. There is no date for that resentencing yet.