By JUSTIN STORY

justin.story@bgdailynews.com

A man charged with murder in the 2023 shooting of Ayanna Morgan at The Muse apartment complex has moved to dismiss the case against him, asserting that he acted in self-defense during the incident.

Malik Jones, 31, is accused of causing the death of the 21-year-old Morgan on July 23, 2023, in the parking lot of the Morgantown Road apartment complex.

In addition to murder, Jones faces a charge of tampering with physical evidence, and his twin brother, Malcolm Jones, and Kobee Lancaster have been charged criminally.

The Bowling Green Police Department claims that Malik Jones and Morgan were in a physical altercation that ended up with them both struggling with the handgun, which belonged to Morgan.

In a prior court hearing, BGPD Detective Ryan Dillon testified that only Jones’ hand was on the gun when the shooting occurred.

Malik Jones’ attorney, Jill Elkind of the Department of Public Advocacy, filed a motion to dismiss on Monday that argues Jones should be immune from criminal prosecution based on Kentucky’s so-called Stand Your Ground Law, which establishes the use of deadly force as justifiable when the person using it believes it is necessary to do so to protect themselves or others from imminent unlawful physical force.

“Malik had a subjective belief that force was necessary to protect himself, his twin brother and his friends from being killed by Morgan,” Elkind said in the 11-page motion. “While Malik’s intent was not to kill Morgan, he was lawful in his protection of himself, his twin brother and his friends, and immunity must be granted.”

The motion sets out a narrative in which Jones was part of a group of people leaving the pool area at The Muse and he jokingly asked Morgan, who was standing on her apartment balcony, as they left whether she was the pool monitor.

Morgan reportedly became upset, made threats and came down to the parking lot with the gun in her holster, according to Elkind’s motion.

“There is no indication that Morgan was familiar with anyone in the group when she approached with her firearm aside from their exchange just moments before,” Elkind said in the filing.

Lancaster reported to police that he saw Morgan pull the gun from her waist, court records show, and Malik Jones then approached Morgan and punched her four times, which Elkind characterizes as an effort to disarm Morgan as neither Jones nor anyone with him was carrying a firearm.

Malik Jones is then said to have run toward the Jeep Patriot that he and three other people used to travel to and from the complex and got into the front passenger seat as Morgan chased him and then opened the passenger door.

“Malik, fearing for his life, stepped out of the vehicle in an attempt once again to disarm Morgan,” Elkind’s motion said. “They physically struggled together over the gun. Witnesses indicate the gun may have gone off into the air at that point in time. Malik attempted to head-butt Morgan, but he was unsuccessful at getting the weapon from her. As Malik and Morgan struggle over the gun, they both fell to the ground holding the weapon. (Malik’s brother) Malcolm stomped on Morgan’s head as her and Malik struggled on the ground over the gun.”

After the shooting, a wounded Morgan is said to have gotten up and gone after the Jeep as both Jones brothers get back inside and Lancaster backs the vehicle out from its parking space.

Elkind’s filing said that BGPD Officer Ben Carroll responded at the scene and informed other officers that he had prior contact with Morgan, knew her to carry a gun, referred to her as “kind of thuggish” and had questioned her in connection to a burglary that her ex-boyfriend reported in March 2023.

“Morgan had successfully threatened folks with her gun before. She had been able to gain access to an ex-boyfriend’s apartment and steal his property,” Elkind’s filing said. “She lied to police about doing so the first time she was questioned. Police have had substantial contacts with Morgan to believe, and share with other officers, that Morgan is ‘thuggish’ and has a history of threatening people with a firearm that she is known to carry. This time when she attempted to threaten someone with her gun, it resulted in her being shot with it.”

Malik Jones made an appearance Wednesday in Warren Circuit Court, during which Warren Circuit Judge John Grise said he would schedule a date in December to hear the motion to dismiss.

Warren County Assistant Commonwealth’s Attorney Daniel “Tres” Miller said he would require a couple of weeks to file a written response to Elkind’s motion, and Grise set a Nov. 15 deadline to file the response.

Miller also disclosed in court that he made an offer to Jones to plead guilty to a reduced charge of first-degree manslaughter and tampering with physical evidence in exchange for a 20-year sentence.

Jones confirmed for Grise that the offer had been communicated to him and he rejected it and wishes to proceed to trial, which is scheduled to begin Jan. 15.

Jones is a defendant in an unrelated criminal case involving multiple drug trafficking counts.