Jonathan Majors — Assault and Harassment Convictions
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Update April 8 - Jonathan Majors, whose promising acting career stalled after a domestic violence conviction in New York, was sentenced to domestic violence programming after the judge decided "jail is not necessary." Case Summary On March 25, around 12:40am, Jonathan Majors and Grace Jabbari were taking a private car service from a Brooklyn party to their apartment. Jabbari, who worked as a movement coach alongside Majors on Disney’s Marvel tentpole “Ant-Man and the Wasp: Quantumania,” saw a text message on Majors’ phone that read, “Wish I was kissing you right now,” from someone saved in his phone as Cleopatra. She allegedly took the phone out of his hands to see who sent the message. Majors then “began grabbing the right side of Ms. Jabbari’s body and prying Ms. Jabbari’s right middle finger off the phone, causing bruising, swelling, and substantial pain.” Majors “then grabbed Ms. Jabbari’s arm and right hand and proceeded to twist Ms. Jabbari’s forearm, causing substantial pain to her arm,” according to the filing. After he retrieved his phone, Majors exited the vehicle and Jabbari attempted to follow the actor. That’s when “the defendant grabbed her, picked her up, and threw her back inside." From the incident Jabbari sustained substantial pain, including a fractured middle finger, bruising about her body, a laceration behind her right ear, and a bump on her head.” Link to CCTV video of events. The defense for Majors reports a differing account the events stating,"Ms. Jabbari attempted to violently wrest the
phone from his hands, and assaulted Mr. Majors—clawing his face with her nails,
slapping his face, and brutally scratching his arm as she attempted to steal
his phone." The dismissal motion characterizes Jabbari's behavior as "savage rage."  The motion describes the victim's emotional and physical state saying, "Whipped up by the six alcoholic drinks she had consumed that night..." and also stating it was a "drunken physical attack." Of the second attack alleged to have happened after the incident in the car the motion reads, "she did this in front of the driver and three people
standing on the street, as well as multiple security cameras." Majors alleges that at his penthouse, because he thought his partner had tried to self-harm, he'd called 911, but then he was arrested for assault and harassment at around 11 am. The response to the Motion to Dismiss alleges that Majors’ legal team has leaked and
misrepresented court evidence. It also dismisses the idea that the District Attorney for New York (DANY) has any
plans to prosecute Jabbari for domestic violence. The prosecution is attempting to get a copy of a London Metropolitan Police report from September 2022. While it is unclear what that report contains, the filing references medical care obtained by Jabbari at that time. Jabbari is a citizen of the U.K., and Majors was in London during that period, filming season two of the Disney+ Marvel series “Loki.” As part of the prosecutors' case, other women's testimonies about their alleged abusive relationships with Jonathan Majors have been prepared as Molineux evidence - a legal term that provides a way for prosecutors to use prior events to help prove that a defendant's conduct is "inextricably interwoven with the charged acts." Their testimonies are currently under seal. Prosecutors declined to pursue charges against the woman, closing and sealing the case after she voluntarily reported to a police station to receive an appearance ticket. Per court documents, "A thorough investigation was conducted into the facts of this case and, in doing so, the People have chosen to prosecute Jonathan Majors." Opening statements began on Monday, Dec. 4. The trial is expected to last two weeks and Majors’ accuser Grace Jabbari is a “scheduled witness for the DA’s office.” Whether or not Majors will take the stand in his own defense has yet to be determined. The charges against Jonathan Majors have been changed to one count of reckless assault, one count of intentional assault and one count of aggravated harassment. Texts were revealed from September of 2022 while the couple was in London that suggest that a head injury sustained by Grace Jabbari was made by Jonathan Majors. The texts reveal that he didn't want her to report how she hurt her head, nor did he want her to seek medical treatment. She responded that she didn't want to cause him trouble, but she needed something stronger for pain. He also threatened self-harm, inferring he wasn't worthy of love. These texts could be construed as supporting an abusive relationship narrative. Abusers often apologize, threaten suicide and say things like, " I'm a horrible person...I don't deserve you," in a bid for sympathy. In April, Jabbari was granted a temporary order of protection, which means the two parties cannot have any direct or third-party contact. The order remains in place. Jonathan Majors' sentencing was postponed to April, after his attorneys filed a motion to set aside his conviction, after a jury found him guilty. Majors, 34, appeared virtually before a Manhattan criminal court judge wearing a tan crewneck sweater. "The case will not go forward with sentencing today because the defense has filed a motion to set aside the verdict," Judge Michael Gaffey said. Sentencing was reset for April 8. Majors was convicted of one count of misdemeanor third-degree assault and one count of second-degree harassment. Reports have claimed that Majors was acquitted of intentional assault and aggravated harassment but the aggravated harassment charge was removed by prosecutors before trial. And the "intentional assault" charge was not a separate charge from the third degree assault charge according to the conditions of NY penal law 120.0 which includes assault by either negligence or recklessness. Molineaux Evidence November 30, 2023 --The judge presiding over the case heard arguments from both Majors’ team and a lawyer representing the media who were arguing against and for, respectively, Molineux evidence, documents currently being kept under seal. Though the exact contents of those documents are unknown to the media, per The Hollywood Reported, they argued that it’s “within public interest for the materials to be released.” Majors’ team, however, want the documents to stay under seal and for the court to be closed during arguments as they feel it would “have a highly prejudicial impact on the jury.” To that, the lawyer representing the media argued that Majors’ team had already made several public statements that fostered “pre-trial publicity.” Ultimately, Judge Michael Gaffey moved to seal the hearing and the document, citing the decision as “the only way to prevent tainting the jury pool.” However, if the information is later found to be “admissible evidence for trial,” he’ll make it public. Case Information Judge Michael Gaffey District Attorney Alvin Bragg Docket No.: CR-008579-23NY Criminal Court - New York County 100 Centre Street New York, NY 10003 Plaintiff: New York State Defendant: Jonathan Majors Charges: Assault in the Third Degree, Aggravated Harassment in the Second Degree, Attempted Assault in the Third Degree, and Harassment in the Second Degree. Jonathan Majors will face a trial for the charges after New York judge denied a motion to dismiss the case. The trial date is set to begin on November 29, 2023. Jonathan Majors was found guilty of reckless assault and harassment in his trial on December 18, 2023. His sentencing was scheduled for February 6, 2024 but has been postponed to April 8 due to a motion to set aside the verdict. The Stakes Majors could spend up to a year in county jail if convicted. The U.S. Army took two commercials that featured him out of rotation, with a spokeswoman explaining, “While Mr. Majors is innocent until proven guilty, prudence dictates that we pause our ads until the investigation into these allegations is complete.” Because of Jonathan Majors growing celebrity, his reputation is key to his future. Of his relationship with Marvel Studios and its cinematic universe, a conviction might have an effect on his future prospects in that franchise resulting in diminishing roles and opportunities. He was already dropped by his public relations team at the Lede Company, as
well as his management, Entertainment 360. However, his talent agency, William Morris Endeavor (WME) is still representing him. The Law § 15.05 Culpability; definitions of culpable mental states The following definitions are applicable: 3. “Recklessly.” A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto. §120.00 Assault in the third-degree A person is guilty of assault in the third degree when:
Assault in the third degree is a class A misdemeanor. Cases of Note The Supreme Court, Appellate Division, held that defendant was entitled to instruction on reckless assault in third degree as lesser included offense of intentional assault in the second degree in light of evidence of intoxication. People v. Williams, 212 A.D.2d 1065, 623 N.Y.S.2d 31 (1995).Victim's testimony that she was hit in the mouth and police officer's testimony that the victim was bleeding from the mouth after an attack permitted a finding of “physical injury” required for assault in the third-degree convictions under New York law. Vasquez v. Poole, 2004, 331 F.Supp.2d 145. Evidence was sufficient to sustain defendant's
assault conviction; testimony was presented concerning the duration of victim's
pain, the medical treatment sought and the prescribed course, and victim wore a
sling on her arm and was unable to lift her arm high above her head during such
time. People v. Black (3 Dept. 2003) 304 A.D.2d 905, 757 N.Y.S.2d 635. New York Penal Law §240.25 Harassment in the first degree A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended. Harassment in the first degree is a class B misdemeanor. §240.30 Aggravated Harassment in the second degree A person is guilty of aggravated harassment in the second
degree when: 1. With intent to harass another person, the actor either: (a) communicates, anonymously or otherwise, by telephone, by
computer or any other electronic means, or by mail, or by transmitting or
delivering any other form of communication, a threat to cause physical harm to,
or unlawful harm to the property of, such person, or a member of such person's
same family or household as defined in subdivision one of section 530.11 of the
criminal procedure law, and the actor knows or reasonably should know that such
communication will cause such person to reasonably fear harm to such person's
physical safety or property, or to the physical safety or property of a member
of such person's same family or household; or (b) causes a communication to be initiated anonymously or
otherwise, by telephone, by computer or any other electronic means, or by mail,
or by transmitting or delivering any other form of communication, a threat to
cause physical harm to, or unlawful harm to the property of, such person, a
member of such person's same family or household as defined in subdivision one
of section 530.11 of the criminal procedure law, and the actor knows or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to the
physical safety or property of a member of such person's same family or
household; or 2. With intent to harass or threaten another person, he or
she makes a telephone call, whether or not a conversation ensues, with no purpose
of legitimate communication; or 3. With the intent to harass, annoy, threaten or alarm
another person, he or she strikes, shoves, kicks, or otherwise subjects another
person to physical contact, or attempts or threatens to do the same because of
a belief or perception regarding such person's race, color, national origin,
ancestry, gender, gender identity or expression, religion, religious practice,
age, disability or sexual orientation, regardless of whether the belief or
perception is correct; or 4. With the intent to harass, annoy, threaten or alarm
another person, he or she strikes, shoves, kicks or otherwise subjects another
person to physical contact thereby causing physical injury to such person or to
a family or household member of such person as defined in section 530.11 of the
criminal procedure law; or 5. He or she commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years. Aggravated harassment in the second degree is a class A misdemeanor. The motion to set aside the guilty verdict grounds New York Criminal Procedure Law - § 330.30 Motion to set aside verdict; grounds for 1. Any ground appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law by an appellate court. 2. That during the trial there occurred, out of the presence of the court, improper conduct by a juror, or improper conduct by another person in relation to a juror, which may have affected a substantial right of the defendant and which was not known to the defendant prior to the rendition of the verdict; or 3. That new evidence has been discovered since the trial which could not have been produced by the defendant at the trial even with due diligence on his part and which is of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to the defendant. Molineux: Evidence of Crimes and Wrongs The name of the hearing process refers to the case of People v. Molineux, 168 N.Y. 264 (1901), which established the process as precedent. Molineux evidence may be admitted, for example, to establish motive, opportunity, intent, preparation, common scheme or plan, identity, absence of mistake or accident. Usually, for the purpose of proving that the defendant had a propensity or predisposition to commit the crime(s) charged in this case. The Evidence   Below are Gerard Baden-Clay trial examples of what 'typical scratches' left by fingernails look like. Baden-Clay claimed the scratches were from shave cuts but were found to be consistent with those made by fingernails according to Margaret Stark, physician for the Forensic Clinical Medicine Unit of the New South Wales police service. Baden-Clay was found guilty of his wife, Allison's murder, and sentenced to life. 
Problems with the Defense iPhone Photos: The injuries in the photographs provided were not consistent with what was alleged in the Motion for Dismissal account of what happened. Majors response to the assault: Majors did not seem intimidated and did not call the police in the hours after the incident regarding assault. Texts from 2022 Head Injury     Lack of Mugshot: There is an unusual lack of a mugshot. If Majors was scratched on the face and arms by Jabbari, then the mugshot should show some of these scratches. Also, since the defense has been very vociferous about releasing evidence in support of Majors' story, why not show the mugshot that would demonstrate his facial injuries? But maybe there just weren't any. Medical Records for Grace Jabbari: Dr. William K. Chiang is an emergency medicine physician in New York, New York and is affiliated with NYC Health and Hospitals-Bellevue. He received his medical degree from University at Buffalo School of Medicine, has been in practice for more than 20 years and treated Jabbari. Dr. Chiang stated that a fracture like the one Ms. Jabbari
sustained on her finger is commonly found in patients who had direct trauma,
usually found from hitting an object or from falling. When asked if the fracture
was consistent with pulling, grabbing, or twisting a hand or finger, Dr. Chiang
stated it was medically possible but just uncommon. Questionable Video Evidence: The video is possibly being taken out of context. What is shown on the recording is Jabbari with several people going into a nightclub at 1:33 am and leaving at 3:06 am. Given the defense's own claims that Jabbari was very inebriated, and Majors was seen walking past her earlier as she talked with the club goers on the street. She might not have fully felt her injuries until later due to intoxication.  |
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