Jones was arrested a second time on
21 May 1968, for marijuana possession. Jones claimed the marijuana was left by previous owners of his home, but he was facing a long jail sentence if found guilty, owing to his probation. Wyman commented "The fact that the police had secured a warrant with no evidence showed the arrest was part of a carefully orchestrated plan. Brian and the Stones were being targeted in an effort to deter the public from taking drugs." The jury found him guilty, yet the judge had sympathy for Jones. Instead of fining and warning him, the judge said, "For goodness sake, don't get into trouble again or it really
will be serious." The prosecution's case was weak, relying on testimony of police who were later found to be corrupt . (The same corrupt officers who harassed Jones would go on to harass Beatle
John Lennon in 1969. (Beatles' Anthology))
Brian's legal troubles, estrangement from his bandmates, substance abuse, sporadic contributions, and mood swings became too much. The Stones wanted to tour the United States in 1969 for the first time in three years, but Jones' second arrest exacerbated problems with US immigration. Jones was unable to acquire a work visa.
In addition, the Stones's music was heavily based on the two weaving guitars. Brian's penchant for exotic instrumentation worked to complement Richards' guitar work; however, Brian would rarely come into the studio, and if he did he would frequently contribute nothing musically or his guitar would be switched off by his bandmates, leaving Richards playing nearly all the guitars. According to Gary Herman, he was "literally incapable of making music; when he tried to play harmonica, his mouth started bleeding".
This behaviour began to wreak havoc during the
Beggar's Banquet sessions but had fully flourished by the time the band commenced
Let It Bleed. While the band was recording "You Can't Always Get What You Want", Jones meekly asked an agitated Jagger, "What can I play?" Jagger's terse response was "I don't know, Brian, what
can you play?" From this point he made himself scarce, rarely attending sessions.
Ry Cooder (fielded as a possible replacement) observed that the guitarist retreated into a corner and cried on the rare occasions when he did show up. By May, he had made two contributions to the work in progress: an
autoharp on "You Got the Silver" and two large tribal drums hit with beaters on the epic "Midnight Rambler", audible largely after Jagger sings the phrase, "Well, you heard about the Boston...". Jones was informed by Jagger that he would be dismissed from the band if he did not appear at a photo shoot for the compilation album
Through The Past Darkly. Looking frail, he showed.
The Stones decided that following the release of the
Let it Bleed album (scheduled for a July 1969 release in the USA) they would tour North America starting November 1969, a first in three years. However, the Stones management was informed that Jones would not receive a permit due to his drug convictions. At the suggestion of pianist and road manager
Ian Stewart, the Stones decided to add a new guitarist, and on
8 June 1969, Jones was visited by Mick Jagger, Keith Richards and Charlie Watts and told the group he formed would continue without him.
To the public, it appeared as if Jones had left; the others told him that although he was being asked to leave, it was his choice how to break it to the public. Jones released a statement on
9 June announcing his departure. In the statement he said, among other things, that
I no longer see eye-to-eye with the others over the discs we are cutting.
Ironically this would come as the Stones were returning to their blues roots, which Jones had always emphasized. Jones was replaced by 20-year-old guitarist
Mick Taylor (formerly of
John Mayall's Bluesbreakers), who started sessions with the Stones right away.
At this point Jones stayed at Cotchford Farm, with intentions to form another band. He did visit Olympic studios the next week to discuss the future with his former bandmates, Bill Wyman noting that he was "excited about his own plans". He is known to have contacted
Ian Stewart, Mitch Mitchell, Alexis Korner and
Jimmy Miller. He toyed with joining Korner's New Church band, but Korner suggested Jones form his own band. Miller occasionally brought his family over, and Jones invited in early July.
There is uncertainty as to the mental and physical state Jones was in at this time. The last known photographs, taken on June 23, 1969 by schoolgirl Helen Spittal, shortly after his departure from the Stones, are not flattering. Jones appears bloated with deep-set eyes, although people who visited (particularly Alexis Korner) were surprised by Jones' state in late June. Korner noted that Jones was "happier than he had ever been" at this time, and supposedly Jimmy Miller was surprised to find Jones in good spirits.
At around midnight on
3 July 1969, Jones was discovered motionless at the bottom of his
swimming pool at his home in
Hartfield, Sussex, England. His girlfriend,
Anna Wohlin, is convinced he was alive when they took him out; insisting he still had a pulse. However when the doctors arrived, it was too late and he was pronounced dead. The
coroner's report stated "Death by misadventure", and noted his liver and heart were heavily enlarged by drug and alcohol abuse.Some felt it was suicide, however, blaming Jagger and Richards for his state of mental depression.
Wohlin claimed in 1999 that he had been murdered by a builder who had been renovating the house the couple shared. The builder, Frank Thorogood, allegedly confessed to the murder on his deathbed to the Rolling Stones' driver,
Tom Keylock; however, there were no other witnesses. In ("The Murder Of Brian Jones") Wohlin alleges that Thorogood behaved suspiciously and showed little sympathy when Jones was discovered in the pool (he was the last to see Brian alive), but she admits she was not present at Jones' death. Witnesses have been interviewed by journalists who claim to have seen the 'murder'; however, these witnesses almost always use pseudonyms, and none has been willing to go on record or report to the police.
Many items, such as instruments and expensive furniture, were stolen from the home after Jones' death, most likely by Thorogood, driver Tom Keylock, and others who worked on the property. Rumours also exist that recordings by Jones for his future projects were stolen but nothing has surfaced. Several instruments stolen from Jones' house later turned up on the collectors' market. A watch given by Alexis Korner to Brian, with a personal inscription, surfaced at
Christie's in New York.
Upon his death,
Pete Townshend wrote a poem titled
"A Normal Day For Brian, A Man Who Died Every Day" (printed in The Times),
Jimi Hendrix dedicated a song to him on U.S. television, and
Jim Morrison of
The Doors wrote a published poem entitled
Ode To L.A. While Thinking Of Brian Jones, Deceased.
When asked his reaction to Jones' death,
George Harrison responded, "When I met him I liked him quite a lot. He was a good fellow, you know. I got to know him very well, I think, and I felt very close to him; you know how it is with some people, you feel for them, feel near to them. He was born on
28 February 1942, and I was born on
25 February 1943, and he was with Mick and Keith, and I was with John and Paul in the groups, so there was a sort of understanding between the two of us. The positions were similar, and I often seemed to meet him in his times of trouble. There was nothing the matter with him that a little extra love wouldn't have cured. I don't think he had enough love or understanding. He was very nice and sincere and sensitive, and we must remember that's what he was."
The Rolling Stones performed a free concert in Hyde Park on
5 July 1969, two days after his death. The concert had been scheduled weeks earlier as an opportunity to present the new guitarist. However, critics accused the band of being callous about their former bandmate. In response, the band dedicated the concert to Jones. Before the concert began, Jagger read excepts from "
Adonais", a poem by
Percy Shelley about the death of his friend
John Keats. Their manager had come up with a plan to release thousands of white moths at the Hyde Park concert but, owing to the heat, most of the moths had already died; the surviving moths barely made it into the air before dying and falling on the heads of concertgoers. The Stones opened with a
Johnny Winter song that was one of Brian's favorites, "I'm Yours And I'm Hers".
Jones was reportedly buried 12 feet deep (to prevent exhumation by trophy hunters) in (reportedly) a lavish silver and bronze casket (as the casket was lowered by two people it is unlikely the casket was solid bronze) sent for his funeral in Cheltenham by friend
Bob Dylan. The Stones asked fans to stay away, and of the group only Watts and Wyman attended.
Mick Jagger and
Marianne Faithfull did not attend as they were travelling to Australia to begin a movie and claimed the producers prohibited their attendance upon threat of having their contract severed.
Keith Richards and
Anita Pallenberg did not attend, afraid their presence would raise an uproar by fans.