Topline: An Oregon appeals court overturned Robert Jay James Jr.’s murder, assault and weapons convictions in a deadly 2018 Moda Center shooting, saying jurors were not properly instructed on self-defense law.
Published: June 1, 2026 10:00 am ET
Randy Shaw
I cut my teeth in journalism when I began looking into what I saw as abuses of power in my local government. From then on, I was hooked on the dopamine rush of uncovering information.
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PORTLAND, OR — The Oregon Court of Appeals reversed the convictions of Robert Jay James Jr., 43, who had been sentenced in 2022 to life in prison with the possibility of parole after 30 years for a barrage of gunfire outside the Moda Center after a comedy show on Oct. 5, 2018.
Prosecutors said James fired eight shots through the closed front passenger window of a Dodge Durango on North Multnomah Street near Wheeler Avenue around 11:30 p.m., killing 44-year-old Markell Devon Jones and wounding driver Cyril Teal and bystander Macenzi Nelson, who was waiting on a MAX platform two blocks away. Jones died at a hospital after suffering gunshot wounds to the head, chest, right arm and neck.
According to OregonLive, James testified that he saw the Durango stopped at a green light, walked closer, and believed one of its occupants was pointing a gun at him, prompting him to fire in self-defense. The appeals court said the prosecutor made retreat a central issue in closing arguments, and trial jurors should have been explicitly instructed that Oregon law imposes no duty to retreat before using self-defense.
Judge Ramon A. Pagan wrote that without that instruction, jurors may have wrongly assumed James was required to move away before defending himself, making the trial error harmful enough to require reversal and a remand for further proceedings.
The ruling also highlighted a major investigative lapse: detectives did not discover a revolver in the center console of the Durango until nearly two years after the shooting, when they accompanied James’ defense team to swab the vehicle for gunshot residue in June 2020. The opinion described the detective opening the console for what appeared to be the first time and finding the gun to his “shock and horror.”
The appeals court also criticized, but did not rule on, defense claims that a prosecutor’s cross-examination veered into racially insensitive territory and that other closing arguments improperly attacked the defense and urged conviction to protect the community. Multnomah County District Attorney Nathan Vasquez said his office is reviewing the ruling and may consider seeking further review in the state Supreme Court. If the reversal stands, prosecutors said they expect to retry the case. James remains in custody at the Oregon State Penitentiary.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Life Sentence Overturned in Deadly Moda Center Shooting Over Missing Jury Instruction
An Oregon appeals court overturned Robert Jay James Jr.’s murder, assault and weapons convictions in a deadly 2018 Moda Center shooting, saying jurors were not properly instructed on self-defense law.
By Randy Shaw
Published: June 1, 2026 10:00 am ET
PORTLAND, OR — The Oregon Court of Appeals reversed the convictions of Robert Jay James Jr., 43, who had been sentenced in 2022 to life in prison with the possibility of parole after 30 years for a barrage of gunfire outside the Moda Center after a comedy show on Oct. 5, 2018.
Prosecutors said James fired eight shots through the closed front passenger window of a Dodge Durango on North Multnomah Street near Wheeler Avenue around 11:30 p.m., killing 44-year-old Markell Devon Jones and wounding driver Cyril Teal and bystander Macenzi Nelson, who was waiting on a MAX platform two blocks away. Jones died at a hospital after suffering gunshot wounds to the head, chest, right arm and neck.
According to OregonLive, James testified that he saw the Durango stopped at a green light, walked closer, and believed one of its occupants was pointing a gun at him, prompting him to fire in self-defense. The appeals court said the prosecutor made retreat a central issue in closing arguments, and trial jurors should have been explicitly instructed that Oregon law imposes no duty to retreat before using self-defense.
Judge Ramon A. Pagan wrote that without that instruction, jurors may have wrongly assumed James was required to move away before defending himself, making the trial error harmful enough to require reversal and a remand for further proceedings.
The ruling also highlighted a major investigative lapse: detectives did not discover a revolver in the center console of the Durango until nearly two years after the shooting, when they accompanied James’ defense team to swab the vehicle for gunshot residue in June 2020. The opinion described the detective opening the console for what appeared to be the first time and finding the gun to his “shock and horror.”
The appeals court also criticized, but did not rule on, defense claims that a prosecutor’s cross-examination veered into racially insensitive territory and that other closing arguments improperly attacked the defense and urged conviction to protect the community. Multnomah County District Attorney Nathan Vasquez said his office is reviewing the ruling and may consider seeking further review in the state Supreme Court. If the reversal stands, prosecutors said they expect to retry the case. James remains in custody at the Oregon State Penitentiary.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Life Sentence Overturned in Deadly Moda Center Shooting Over Missing Jury Instruction
An Oregon appeals court overturned Robert Jay James Jr.’s murder, assault and weapons convictions in a deadly 2018 Moda Center shooting, saying jurors were not properly instructed on self-defense law.
By Randy Shaw
Published: June 1, 2026 10:00 am ET
PORTLAND, OR — The Oregon Court of Appeals reversed the convictions of Robert Jay James Jr., 43, who had been sentenced in 2022 to life in prison with the possibility of parole after 30 years for a barrage of gunfire outside the Moda Center after a comedy show on Oct. 5, 2018.
Prosecutors said James fired eight shots through the closed front passenger window of a Dodge Durango on North Multnomah Street near Wheeler Avenue around 11:30 p.m., killing 44-year-old Markell Devon Jones and wounding driver Cyril Teal and bystander Macenzi Nelson, who was waiting on a MAX platform two blocks away. Jones died at a hospital after suffering gunshot wounds to the head, chest, right arm and neck.
According to OregonLive, James testified that he saw the Durango stopped at a green light, walked closer, and believed one of its occupants was pointing a gun at him, prompting him to fire in self-defense. The appeals court said the prosecutor made retreat a central issue in closing arguments, and trial jurors should have been explicitly instructed that Oregon law imposes no duty to retreat before using self-defense.
Judge Ramon A. Pagan wrote that without that instruction, jurors may have wrongly assumed James was required to move away before defending himself, making the trial error harmful enough to require reversal and a remand for further proceedings.
The ruling also highlighted a major investigative lapse: detectives did not discover a revolver in the center console of the Durango until nearly two years after the shooting, when they accompanied James’ defense team to swab the vehicle for gunshot residue in June 2020. The opinion described the detective opening the console for what appeared to be the first time and finding the gun to his “shock and horror.”
The appeals court also criticized, but did not rule on, defense claims that a prosecutor’s cross-examination veered into racially insensitive territory and that other closing arguments improperly attacked the defense and urged conviction to protect the community. Multnomah County District Attorney Nathan Vasquez said his office is reviewing the ruling and may consider seeking further review in the state Supreme Court. If the reversal stands, prosecutors said they expect to retry the case. James remains in custody at the Oregon State Penitentiary.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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