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THE CLERK: 14 CR 155-1, United States vs. Toby

Jones.

* * * * *

THE COURT: Mr. Jones, is there anything you would

like to say to the Court, sir, before I impose sentence?

THE DEFENDANT: Yes, ma'am.

Being that -- being that -- first of all, good

morning, everyone. Your Honor, Joe, Miss with the pretty

glasses in front of me -- sorry, I don't know your name --

marshals, prosecutor, my attorney David Weisman, Special Agent

Labno, and to all my family.

Being that I'm about to receive a fairly extensive

amount of time, my letter is exceptionally long. So, I ask

the Court to bear with me.

THE COURT: Take your time, Mr. Jones.

THE DEFENDANT: All right.

First and foremost, Judge, let me add that based on

my co-defendant and brother Kelsey Jones' current mental and

physical state, I know that he won't be able to express

himself at sentencing the way I am; and, I'm hoping this

Honorable Court takes my letter and apologies upon this Court,

as well as the character letters from my family members, in

consideration for my brother, as well, upon his sentencing.

I would like to apologize to my family members for

taking them through this once again. And I thank them for

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being here today in support of me and my brother Kelsey. As I

end this letter, I will extend my apology towards you all for

my disappointment in general.

Before I apologize to my community, as well as this

Court, for my general conduct and wasting the taxpayers'

hard-earned money, I would just like to add that even though I

respectfully disagree with the Court's conclusion, I am very

grateful that this Honorable Court has been fair with me

throughout this entire process. Thank you, your Honor.

Growing up on the west side of Chicago, as a kid my

mother and father struggled dearly. And even though they

worked most of their lives, their jobs paid such low wages

that there was still times that their checks couldn't cover

basic rent and keep food on the table at the same time. As a

result of that, we were evicted a number of times and had to

go stay with family members until we got back on our feet.

It was very hard to watch my parents struggle. And

as a result of providing for his family, I watched my father

deal drugs. Even though he didn't do it flamboyantly, we all

knew. At such a young age in my life, I didn't know selling

drugs was wrong until I got older because the first person I

ever seen selling drugs was my father and not the local gang

members, who I joined years later. And in my eyes, my father

was my hero and he couldn't do no wrong.

So, as I got older and continued to watch my family

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struggle, I began to sell drugs just to help out around the

house. And this became my motivation to make such a bad

decision.

Since gangs ruled my community, we had to be

associated with them just to be able to sell drugs in this

rough neighborhood. And we were picked on and bullied before

ever joining them. So, as a result that we could help our

parents out if we sold drugs motivated me and my brother

Kelsey Jones to join a gang.

Fear also played a very big role. And that's what I

did: Began to -- and that's what we did: Began to help our

parents out with just everyday struggles.

As kids, me and my brother Kelsey did miscellaneous

jobs, such as carry groceries, rake yards and shovel snow.

But this didn't help at all. All we knew was that our father

sold drugs to put food on the table. So, we began to mimic

that lifestyle.

And as I continue to state what my father did to feed

his family, for the record, can't nothing ever justify the

selling of drugs and ruining lives. So, please don't think

that I'm using it as an excuse. It's just I was tired of

being hungry and getting evicted. So, please forgive me.

But in my neighborhood, you were more likely to get

jacked or robbed coming from work in a McDonald's uniform.

So, for that reason alone -- so, for that reason alone, the

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fear to go that -- so, for them, there was fear to go that

route. And all I wanted to do was survive. And that also

played a very big role in my decision making.

The government's sentencing memorandum, the

government states that I reported being frequently evicted but

haven't produced any evidence to prove it. But such questions

were never asked. And these were embarrassing moments in my

parents' life, which I never want to revisit. So, of course,

they were not mentioned. But just because they were not

mentioned, that doesn't mean it's not true. And my auntie,

Lula Covington, a retired Chicago teacher's character letter,

she shares a time when my parents had to live with her during

one of these struggling times.

In 1996, my older brother and co-defendant Kelsey

Jones was the victim of a robbery gone bad and was shot nine

times, including once in the head, which has left him

permanently disabled. As a result of this, he's been

supported by Social Security for the last 20 years.

Three years later, in 1999, my father was diagnosed

with cancer and passed away that year leaving me with two

disabled brothers; the other, Phillip Jones, being born with

Down Syndrome that's in the care of my Auntie Pat and Aunt

Lula, who I thank dearly.

A struggling diabetic mother and a drug addict sister

whose son fell victim to a drive-by shooting at the age of 13

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as a stray bullet meant for a local gang member struck him as

he played on my mother's front porch. And this was nothing me

nor my brother Kelsey was involved in. Neither of us were

around at this time. Nor was my nephew ever involved with any

gangs or drugs. It's just that these were the only places we

could afford to live. As a result of my nephew's passing, the

stress was just too much for my sister and years later she,

herself, passed away from a drug overdose.

At the age of 14, my first child was born into this

world. Three years later, my first son was born. At the age

of 7 -- at the age of 17, I had two children that I was

determined to take care of. And watching my parents struggle

in this way, I made bad decisions just to give my children a

better life than I had. I never wanted them to ever witness

being hungry or evicted. So, once again, I apologize to my

community and this Honorable Court for my bad decisions to

sell drugs.

Growing up on the west side of Chicago as teenagers,

we also had to deal with corrupt police officers who

constantly harassed, threatened and extorted us. In the

government's sentencing memorandum, Page 9, they refer to a

1994 firearms conviction, which I would like to add -- not

that it matters because even one is too much, but this is the

only firearms conviction I ever had in my life.

And, for the record, this particular arrest was

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executed by then-corrupt CPD officer Edward "Pacman" Jackson,

Badge No. 9750, who is currently serving time in federal

prison for criminal charges of extortion dating back to my '94

arrest and further, as well as his partner, CPD corrupt

officer T.C. McCoy, II, Badge No. 17301, who was Jackson's

co-defendant -- who was Officer Jackson's co-defendant -- and

also his partner during my 1994 arrest.

The proof of my interactions with these crooked CPD

officers lies in my possession as I stand here today. City of

Chicago Police Department criminal history report of Toby

Jones, Page 8, see both arresting officers' names and badge

numbers as they execute this 1994 arrest of me, in which I

continue to maintain my innocence being that these officers

constantly targeted, extorted and harassed the gang in which I

was involved with at that time.

So, on top of the gangs, we also had to abide by the

rules of these corrupt officers, as well. These were very

scary times, and me and my brothers just wanted to survive. A

lot of times when we disobeyed these cops, they gave us cases

and sent us to prison, which leads me to my next topic:

Are all officers and agents bad people? And my

answer is no. Just because I've had run-ins with a few bad

seeds doesn't mean they're all bad. Even with all the latest

police shootings on minorities in Chicago, I don't blame these

cops one bit for most of their decisions in the field. And

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the black community has to first come to grips with why these

cops are so afraid. I know why. Because it's really a war

zone out there. Chiraq is what these youngsters call it now.

And just as these officers have actually served time

on the battlefield in Iraq, their main focus is to make it

home. And that's all these officers want to do in the mean

streets of Chiraq, is make it home. They just want to make it

home to their wife, their kids, their mothers.

So, once the black community realizes this and come

to grips that it's not these cops, it's us, then -- and only

then -- will their eyes finally open to this important matter.

But instead, the only worry I see from the black community

when a cop kills a black kid is how much money they're going

to sue the city for, instead of mourning their child and

figuring out how they're going to keep their remaining

children from suffering the same fate. And this type of

thinking is one of the main problems in the black community.

One prime example of these officers just wanting to

make it home, in my attempt to gather dirt on Special Agent

Labno, I came across one of his old cases, United States vs.

Jefferson, which Special Agent Labno worked as a undercover

agent and had a gun put to his face as these suspects robbed

him for his cash. So, I can't blame Special Agent Labno for

jumping out of his vehicle, drawing his weapon and firing at

these suspects as they ran away with his cash. Special Agent

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Labno just wanted to make it back home to his family.

So, if these -- so, if those individuals never

apologized to you, Special Agent Labno, I apologize for them.

Sorry for putting you in a position that your life could have

been taken or you could have taken someone else's.

These are the stories of these heroic officers that

go untold. But as soon as a black kid gets shot, everyone is

in a uproar.

Even though I disagree with most of Special Agent

Labno's unconstitutional tactics, such as his reports and

theories of the truth, and even though he failed to

investigate others that had knowledge, intent, motive, and

opportunity to commit these crimes me and my brother are

accused of, overall I think Special Agent Labno is one of the

hardest-working agents I've ever encountered. This dude is

like RoboCop. He never stops. Sometimes he's right.

Sometimes he's wrong. But this agent's job is to save lives.

And from my impression of him, that's what he do.

Thank you, Special Agent Labno.

I know and understand that this Court can't believe

that this is coming from me based on what I've been convicted

of. But as I previously stated, that even though I

respectfully disagree with the Court's conclusion, I am, once

again, very grateful this Honorable Court has been fair

throughout this entire process. And I'll continue to pray

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that my truth be brought to light some day. I know, my family

knows that I'm not this monster wreaking havoc on this city

that the government has made me out to be.

Weeks before trial, the government informed my

attorney that they were willing to drop my attempted murder

charge if I agreed to plead out to the firearms that my

co-defendant purchased. Because the government knew in their

hearts that I didn't shoot this person. When I said no, my

attorney informed me that if I'm found guilty on all charges,

the less I could get is 40 years. And my answer -- and my

answer to my attorney -- was I don't care. My attorney then

told me that he don't ever want to hear me say that ever again

because I do care. And he was right. I do care.

So, to my attorney, Mr. Weisman, I apologize for that

outburst.

I know I'm a bad person for the part that I've played

helping to destroy my community with selling drugs. And, once

again, please forgive me for the bad decisions I've made.

Chiraq. As a result of the violence in Chicago right

now, I know that I'm about to receive a substantial amount of

time for the role I've played as a drug dealer plaguing these

communities for so many years. But the name "Chiraq" was

adopted not long ago. By who? These Chicago teenagers and

individuals in their early 20s. It's such a stupid thing for

these kids to compare this great city to an actual war zone

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where soldiers have lost their lives fighting for this great

country. For these kids to continue to compare this city to

Iraq is totally absurd. And I can honestly say that I don't

think these Ecstasy -- these Ecstasy-induced kids even

understand the nature of what they're saying. And with my

father being an ex-Army veteran, I'm very disappointed with

the adoption of this nickname upon this great city.

They really don't understand the comparison. But on

the flip side, I don't think no one is trying to teach them

the importance of it neither.

With that said, us as oldest individuals have

absolutely no control over these kids anymore. And despite

what everyone thinks and their theory that we do, I'm here to

say that those days of the old Chicago where the gang leaders

-- not saying that I'm gang leader, but those days when gang

leaders actually did have control over these youngsters are

long gone -- are long gone. Now this is the new Chicago a/k/a

Chiraq, where these kids listen no one but themselves.

The government's sentencing memorandum, Page 1, the

government states that I recruited Wesley Fields, an 18-

year-old kid. An 18-year-old kid that admitted he was dealing

drugs way before he ever met me. Well, I would like to

comment on this 18-year-old kid that I allegedly possessed so

much power and control over.

During trial, the government pointed at me and called

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me a gun enthusiast, in which I totally disagree. As I stated

earlier, how am I a gun enthusiast when the only conviction --

when the only gun conviction -- I have was over 20 years ago,

with that arrest being executed by a corrupt police officer?

And 20 years ago seems to be dated too far in time to show a

significant pattern of conduct involving firearms.

So, to call me a gun enthusiast, something I was

never predisposed to, without ever being convicted of any

violence seemed to be farfetched. I mean, don't get me wrong,

even one firearm conviction is one too many. But my life and

criminal history is far from a gun enthusiast.

How am I the gun enthusiast when it's my

co-defendant, this very same 18-year-old kid, Wesley Fields,

that I allegedly had so much power and control over, that

admitted right here in this court that he's been posted on

every social media network you can find in photos and videos

with firearms and bulletproof vests? He admitted this. But

where am I in these photos and videos? Nowhere to be found.

And it's so ironic that one of these photos, this

same 18-year-old kid, Wesley Fields, is posing with a replica

of the exact same silver and black Ruger P95 9 X 19, that he

says my brother Kelsey Jones allegedly showed him, which also

seems to be the alleged weapon the informant was shot with.

And this is no theory or speculation because, as I

stand here before you today, I am in possession of these

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photos. Why my brother's attorney didn't bring this up, who

knows? All I know is this: This 18-year-old kid that I

allegedly had so much -- so much control over is a liar.

When this 18-year-old kid was granted bond, where was

I? Incarcerated.

When this 18-year-old kid looked this Court in the

face and promised that he was going to abide by the

stipulations of his bond, got out and broke every last one of

those stipulations, where was I? Incarcerated.

When this 18-year-old -- when this 18-year-old kid

was remanded back to custody, where was I? In cust- --

incarcerated.

With that said, who is to blame for pulling this

18-year-old kid's strings when I was incarcerated? I know

who. This 18-year-old kid. That's who. A individual who

couldn't wait to get back to Chiraq and continue to raise

havoc on this city. And that's what he did.

This 18-year-old kid -- this 18-year-old liar, Wesley

Fields, couldn't stay out of trouble with an electric monitor

strapped to his ankle. So, I can imagine the havoc he'll

raise when he's released. And where will I be? Still

incarcerated.

This kid couldn't wait to get out then, and he can't

wait to get out now. And the only person in control of this

18-year-old kid, Wesley Fields, is himself. And his previous

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actions have proven that. And his actions speak for

themselves.

(Defendant confers with his attorney off the record.)

THE DEFENDANT: So, for the government to continue to

say that I had so much power and control over this 18-year-old

kid, I'm sorry, but I totally disagree.

Upon my release from federal prison in 2009, my

probation officer ordered me to get a job. Not complying

would have resulted in a violation, so I did. I began to work

for a local livery service, as I reported all my documents and

credentials to my probation officers who documented these

records into the probation officer's system, as my probation

officer accepted this and confirmed that this would do until I

found something better.

Three-and-a-half years later I was ordered to change

jobs by my P.O., Bobbie Pruitt, and had to start working at a

local barbershop -- and had to start working at a local

barbershop.

Upon my release -- wait. I had to start working at

the local barbershop because a client called for a cab and got

into my vehicle with a rolled-up marijuana stick, which I paid

no attention to because this client was in the backseat. The

cops pulled me over and mistakenly arrested me as being

involved with this client. The charges were later dropped

when the officer testified on my behalf when I later proved my

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employment.

Upon my release in 2009 from federal prison, I never

had not one dirty drop in my entire five-year period, as I was

discharged prior to catching this current case. This was --

this was -- never any reports -- there was never any reports

of me ever getting in trouble until two-and-a-half years after

my release, when the cop mistakenly identified me as another

black male that they were looking for as I exited a local

store in my community, which in this case, the charges were

also -- were also -- dropped as I proved my innocence.

(Defendant confers with his attorney off the record.)

THE DEFENDANT: As I turn to why I got back involved

with drugs after my 2009 release from federal prison, while

serving time at FCI Loretto, Pennsylvania, I received my GED,

as well as became a certified solderer, as I became a lead and

a supervisor in the prison's Unicor factory, in which we build

electrical cables for the entire United States military.

As I previously stated, my father passed in 2009. A

year later, in 2000, my nephew was gunned down at the age of

13. While I was in federal prison, 2007, his mother, my

sister, passed away.

The very next year, in 2008, while I was still in

prison, my mother passed away. Three days before the passing

of my mother, the chaplain of the prison, Sister Mary, allowed

me to call her hospital -- her hospital room. My mother

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informed me that she was not going to make it and told me to

stay strong. The last thing she said was, son, take care of

your brothers. I told her -- I told her -- that no matter

what, that I'm proud and I'm proud of you, mom, and I promise

-- and I promised her I was always gonna take care of my

brothers. And I promised her I was always gonna take care of

my brothers. This was the last time I spoke to my mother.

Three days later she was gone.

Upon my release from federal prison 2009, all I had

left was two disabled brothers, that I promised my mother I'd

look after; a 15-year-old daughter who had just given birth to

a baby girl the very year of my release that had absolutely no

help or support from her mother, making me a grandfather at

the young age of 31. The first thing I told my daughter was

we're going to be all right.

The government speculates that I immediately got back

involved with drugs upon my release, which I totally -- which

I totally disagree. After nearly four years of working such

low-paying jobs -- such low wage-paying jobs, which were the

only ones that would hire me, things got very bad for me and

my family. Once again, my daughter fell out with her mother,

forcing her mother to kick her and her daughter out.

Along with all the problems I currently had, such as

bills con- -- bills and rent constantly rolling around, I was

then -- it was then, and only then, that I decided to make the

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houses, property, and so forth. I couldn't even afford to pay

an attorney to defend me. What I did, your Honor, I did it to

survive, once again, in the mean streets of Chicago.

From my experience with the criminal justice system,

as for the Illinois state prisons, I truthfully don't have

anything good to say as far as their rehabilitation and

preparing inmates for release back to society. But I can

honestly say that the Federal Bureau of Prisons does a very

good job in the way they rehabilitate inmates during

pre-release and preparing them for society. And I plan to

take advantage of the great programs and trades, just as I did

before, in hopes of making myself a better person.

As I prepare for closing, the government continues to

allege and speculate through impeached witnesses' testimony

that I -- that this Austin apartment was used as a stash

house. And I know that -- that -- that this was -- was just

settled, but I had something wrote and I would like to speak

about it.

The government -- the government -- mainly continues

to refer to my co-defendant and brother Kelsey Jones' alleged

post-arrest -- alleged post-arrest statement as verification

of these speculations to be true. Why Kelsey's attorney chose

to withdraw his motion that would have challenged this alleged

statement continues to have me and my brother Kelsey confused.

I know that it's not my place, but I would just like

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to add if Kelsey allegedly admitted all this on April the 5th,

2014, the day of his arrest, why wasn't Kelsey indicted just

two weeks later on April the 22nd, 2014, alongside me, Wesley

Fields and my other co-defendant Parashun Roscoe?

Kelsey wasn't indicted until three months after his

arrest, which makes it very difficult for me to believe

Special Agent Labno's report -- that wasn't submitted until

four months after Kelsey's arrest -- that Kelsey allegedly

admitted such things. But, once again, I respectfully thank

this Honorable Court for being fair with me and my brother

Kelsey throughout this entire process.

In closing, I would like to thank my family and

friends -- family and friends -- for all their support. My

fiance Sheree, thank you for always being there for me in the

good and the bad. I'm forever grateful.

My Aunt Lula and Auntie Pat, for continuing to care

for my brother Bill, thank you. I'm forever in your debt.

To my brother Bill, sorry I let you down, little bro.

But I promise I'll never stop fighting to make it back to you

as soon as I possibly can.

To my son, Sheree, tell my son I said please go to

Atlanta -- please go to Atlanta with you. Chicago is a very

bad place. There's nothing here for him. You have a son

yourself now. Look at your dad. I let you down. Don't let

him down. I will probably spend the rest of my life in

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prison. Son, get out. Go with your mother. Tell him I said

this, Sheree.

Please -- wait, wait, wait.

To my daughter and granddaughter, sorry I let you

down. But just know one thing. Your dad would never stop

fighting to make it back to you guys. I love you dearly. And

please tell my nephew Tion I send love. And tell him I said

stay strong, stay alive and just survive.

To all the members of my family that's passed away,

my father Sam Jones, my sister Regina Jones, my nephew Martin

Jones, and last, but not least, the greatest mother in the

world, Dorothy Jones, sorry, mom, for letting you down and not

being able to keep my promise. I tried, mom. But it just

wasn't hard enough and it definitely wasn't the right way.

And I apologize to you, mom, to this Honorable Court and my

community, once again, for the bad decisions and choices I

have made to place me here. Please forgive me.

To my attorney, Dave Weisman, Mr. Weisman, it's truly

been an honor and a privilege to have been represented by such

a great attorney and person in general. You believed in me to

the very end, and I'm very grateful of the way you helped me

fight for my life. I know you're upset because we lost, but

I'm here to tell you, Mr. Weisman, that we didn't lose. It's

because of you that I am in such a great position for my truth

to be told some day. And by the grace of God, I know it will.

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And some day, when you look down from your judge's seat -- by

the way, congratulations for being elected to be a judge --

you will be proud some day that my truth has finally been

told.

Respectfully -- respectfully -- I thank the Court now

for both of us for being fair to us this entire process. I

say "us" because we worked together. It was never a one-sided

conversation like I went through with my first two attorneys.

You talk to me, not at me. You talk to me, not at me. And I

really want to thank you.

And I really want to thank you, your Honor, for

bringing this great man and person into my life.

I learned so much from you, Mr. Weisman. And, once

again, I do care. And I promise whether I spend the rest of

my life in here or fortunately be released some day, I promise

that your knowledge and wisdom will not go in vain. I will

pass it down to my children's children. Thank you, Mr. Dave

Weisman.

To the prosecution team, assistant United States

attorneys Sean Franzblau and Brian Hayes, Mr. Hayes, you are a

great prosecutor, but, Mr. Franzblau, you're an amazing

prosecutor. Your presence and delivery and art in this

courtroom is astounding. The way you capture the people is

amazing. I mean, every time you took the floor, I thought I

was actually watching an episode of Law and Order.

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But don't get ahead of yourself. You're not better

than my attorney Mr. Weisman. I hope I didn't just start a

feud there.

But, Mr. Franzblau, you really do have a promising

future ahead of you. And some day I hope to hear that you are

elected to judge, as well. Sorry, I just had to throw that

in.

And I know that it's your job to make me seem

insincere and as bad as I possibly can, but that's your job.

And that's what us criminals have to understand. That's what

you get paid for. So, please continue to do your job,

Mr. Franzblau and Mr. Hayes. Because if there is one thing

I've learned from my recent drug rehabilitation class from my

teacher is that I shouldn't have never put myself here in the

first place. So, whatever is said about me is my fault and my

fault only. I take full responsibility.

But in my heart, I know, my family knows, my mother

in heaven knows that I am not this monster. I am Toby Jones,

a man. A man that all he wanted to ever do was take care of

his family. And in this man's eyes, that's all this man did.

And that's all I have to say, your Honor, but I would

just like to just freestyle a little bit. Your Honor, I would

just like to say that I know the role I played in society, and

I know that I'm a bad person. But the teaching that I can

give to my kids, my grandkids upon my release is overwhelming.

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And, your Honor, I honestly want to say to you that I

don't want to spend the rest of my life in prison; as I told

my attorney, that I do care. And, your Honor, I don't -- I

don't -- want to spend the rest of my life in prison. I know,

as I stated, that even though I disagreed with the Court's

conclusion, but I'm very grateful, your Honor, of the fair

trial you've given me and my brother throughout this entire

process. Thank you.

And last, but not least, I would just ask the Court

if there is anything y'all -- anybody wants to ask me -- you,

your Honor, the prosecutor, my lawyer, Special Agent Labno --

you know, if there's any questions y'all have to ask me, you

know, about whatever, I'm willing to answer those questions.

And that's all, your Honor.

THE COURT: Thank you, Mr. Jones.

THE DEFENDANT: Yes, ma'am.

* * * * *

I certify that the foregoing is a correct excerpt from therecord of proceedings in the above-entitled matter.

/s/ Joseph Rickhoff May 18, 2016Official Court Reporter