A neurologist testified Monday that convicted killer Michael David Jones suffered diminished judgment due to Episodic Dyscontrol Syndrome when he took the life of his on-and-off girlfriend Diana Duve in 2014.
“It was due to brain damage mixed with alcohol,” Dr. David Ross, a witness for the defense, told jurors during the sentencing phase hearing of Jones’ death penalty case. He explained that Jones had repeated head injuries caused by off-road motorcycling as a teenager.
“I’ve seen that pattern way too often. I do believe he was very impaired.”
Ross said anything that diminishes judgment – including fear, anger or drugs – can lead to Episodic Dyscontrol Syndrome. Jones, who worked as a financial advisor at PNC Wealth Management in Vero Beach, sat in a suit and tie in the courtroom as Ross showed jury members diagrams, explaining how he evaluates the presence of brain damage in individuals who suffered repeated trauma.
Jones, 37, was convicted in October of first-degree murder for the June 2014 killing of Duve, a 26-year-old nurse from Vero Beach. Jones’ defense team is presenting mitigating circumstances in an attempt to save Jones from being sentenced to death.
A jury is hearing the testimony this week and will make its recommendation to the judge.
Ross, who works out of Plantation and has been in private practice since 1984, said he examined Jones in prison, though the date was unclear. Ross said Jones had trouble completing simple problem-solving tasks for the test.
Ross said he diagnosed Jones with cognitive disorder, and he said he believes Jones’ pattern of repeated episodic dyscontrol started when Jones was 17 years old.
As a teenager, Jones participated in Moto-cross activities, which involves off-road motorcycle racing. Ross argued that Jones suffered head trauma for a number of years because he participated in the high-risk sport.
Even though Jones usually wore a helmet while riding his motorcycle, that does not mean he didn’t suffer any brain damage from accidents, Ross said.
“The helmet is one layer of protection, but it is far from perfect. The helmet is to prevent fractures,” Ross said. “The helmet does not prevent the brain from slapping the skull and stretching.”
Ross said it’s common for people who have suffered injuries to abuse drugs, develop alcoholism and have major social problems. Ross said Jones did not have behavioral problems behind bars because he was in a different environment.
“The chances of uncontrollable behavior in jail is much less,” Ross said. “Jails are meant to stop (certain) behaviors and punish people.”
Testimony in the case was expected to continue this week.
