Responding to a motion to dismiss the murder case against Malik Jones, the prosecution has filed a response arguing that it should go forward.

Jones, 31, is charged with murder and tampering with physical evidence in the July 23, 2023, shooting of Ayanna Morgan in the parking lot of The Muse apartment complex.

Morgan, 21, was pronounced dead early the following day.

Jones’ attorney, Jill Elkind of the Department of Public Advocacy, filed a motion last month to dismiss the indictment, arguing that Jones was acting in self-defense against Morgan during a confrontation involving the two people as well as Jones’ twin brother, Malcolm Jones, who is also criminally charged in the incident.

Elkind asserted that Malik Jones was in fear for his life and that Morgan was the aggressor in the confrontation, approaching Jones’ group with a handgun that was later used against her.

In a response filed Nov. 15, however, Assistant Warren County Commonwealth’s Attorney Tres Miller countered that there is probable cause to believe that Jones acted unlawfully during the assault and shooting of Morgan.

Elkind’s argument that Jones was within his right to defend himself relies on a reading of Kentucky’s so-called Stand Your Ground Law, in which a defendant is justified in using deadly force if he believes to be in imminent danger of death or serious physical injury.

Miller’s response gives a timeline of events in the minutes surrounding the shooting, and goes on to say that there is no argument that Jones was the first person to use physical force during the confrontation, punching Morgan several times.

Miller also argues that the Stand Your Ground Law, and immunity from prosecution, only applies when a person using deadly force has a right to be in a dwelling, residence or vehicle or is a lawful resident of their home.

“The protection (from prosecution) is not available to anyone ‘engaged in unlawful activity’ such as assaulting a lawful resident in the common area of her own apartment complex,” Miller said in the filing. “Malik Jones had no right, under Kentucky law, to stand his ground. He was engaged in unlawful activity in a place he had no right to be.”

Assertions made by Elkind in her motion that Malik Jones saw Morgan’s firearm as she approached his group and punched her in an attempt to disarm her are “complete fantasy” that are not supported by the existing evidence, Miller claims.

Miller also argues that Morgan’s gunshot wounds “are consistent with not being on her feet” and that she was still getting up off the ground after being assaulted by the Jones brothers.

Miller also cites statements made during an interview with the Bowling Green Police Department by Kobee Lancaster, who drove the Jones brothers from the scene after the shooting and was charged with assault and other offenses.

An excerpt from Lancaster’s interview is included in the response.

Lancaster reportedly told police he witnessed Morgan come down the steps from her apartment, but does not specify who Morgan interacted with or go into details about the fight, which was captured on surveillance video footage.

Lancaster said he saw Morgan pull out the gun after “whatever happens,” according to the filing, and Miller interprets that as a description of Morgan pulling out her gun after being assaulted.

“Morgan pulled a gun in self-defense only after she is repeatedly struck in the head by the defendant,” Miller said in his response. “Morgan is singularly focused on Malik Jones. To her ultimate demise, she ignores every other person on scene, chasing the defendant around the vehicle. Only when Malcolm Jones interjects himself into the altercation, is Morgan’s attention divided to any other person on scene.

A hearing on the motion has been set for Dec. 18 in Warren Circuit Court.

Malik Jones’ case is scheduled to go to trial on Jan. 15.