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Thursday, February 9, 2012

Tyler

Posted 11:00 pm  Sunday, February 04, 2007


Ex-Jailer Remains In Custody
By CASEY KNAUPP
Staff Writer

A former Smith County jailer has been indicted for conspiracy to commit capital murder for providing information to an inmate who was allegedly planning to have a witness killed.

Kenya Nicole Bush, 25, Tyler, remained in an East Texas jail Friday on $1 million bond. She was indicted Jan. 11 by a Smith County grand jury on the conspiracy charge, along with Jesse James Jackson, 51, Tyler, and Aldener Widemon Dunning, 58, Lindale. Their indictments were not released with the rest of the true bills last week.

Johnathan Toliver, 36, Lindale, and Johnathan Brown, 32, Tyler, were also indicted for the conspiracy to commit capital murder charge on Jan. 11 in 114th District Judge Cynthia Stevens Kent's court and their charges were released on Jan. 26.

Ms. Bush, while in her capacity as a Smith County jailer, provided a photograph to Toliver of the confidential informant Toliver planned to have killed, as well as the informant's last known address and information of his movement within the jail, according to the indictment. Ms. Bush communicated with Toliver via cell phones, which inmates are not allowed to possess. The informant was in the jail at the time for an unrelated burglary charge.

Toliver's mother, Ms. Dunning, communicated with her son when he was an inmate at the Smith County Jail, bonded Jesse Jackson out of jail and loaned her car to Johnathan Brown, advising him to meet with Jackson, according to her indictment.

Ms. Dunning was in 241st District Judge Jack Skeen Jr's court on Friday and defense attorney Clifton Roberson was appointed to represent her in the case.

Jackson and Brown attempted to locate the confidential informant after his release from jail and drove around looking for him in Ms. Dunning's vehicle, according to Jackson's indictment.

Toliver was brought to Skeen's court on Thursday from a Texas prison, where he is serving a life sentence for a drug conviction. Attorney Don Davidson was appointed to represent him in the conspiracy case.

Toliver was sentenced to life in prison in November for selling crack cocaine to the confidential informant he later allegedly planned to have killed - so he would not be able to testify. The confidential informant testified during the trial after the murder plot was discovered.

During Toliver's punishment trial, jurors heard testimony about the conspiracy to commit capital murder case.

Toliver told a Smith County Jail inmate that he was in jail because of the informant, Assistant Smith County District Attorney Murphy said during the trial. Toliver obtained a picture of the informant and a cell phone in the jail and plotted to kill the person, he added.

The informant was bonded out of jail by an unknown person Oct. 8 and called police, who told him to go back inside the jail as fast as he could while they armed themselves with assault rifles and bulletproof vests. The police had already heard about an alleged plot to kill the man, Murphy said.

By the time they arrived downtown that Sunday morning, police said "Greasy Greg," Johnathan Brown, was driving slowly around the jail and neighboring bail bond company.

Murphy said three police officers protected the informant with their assault rifles by their side for two days, before they could safely get him out of town.

"Johnathan Toliver knew the only way to avoid today was to get rid of (the informant)," Murphy said.

Ms. Dunning was arrested in Dallas County months after the offense.

Arrest affidavits state that Brown and Jackson paid the bond to get the informant out of jail.

On Jan. 26, 2006, Toliver was operating one of his many "trap houses" when police searched it and found 21 grams of crack, scales and a handgun in Toliver's bedroom, Murphy said during the delivery of a controlled substance trial.

Toliver was arrested, bonded out of jail and while awaiting trial, sold three crack rocks to the informant on May 24 and sold more than four grams of crack to the informant on May 25, Murphy said.

He said there was a long-term investigation into Toliver, whom police have been trying since 1997 to catch selling dope.



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