Appeals court strikes down Jefferson City murder conviction

JEFFERSON CITY, Mo. (KMIZ)

A Missouri appeals court on Tuesday struck down a Cole County murder conviction, sending the case back to the circuit court.

The full Missouri Western District Court of Appeals ruled in favor of Juhuan Whirley, who is serving life in prison for murder, assault, robbery and other felonies. In their opinion, they say trial judge Jon Beetem in Cole County made an error by not allowing the defense to present an alternative suspect for the crime.

Jahuan Whirley was convicted in March 2022 in the death of 33-year-old Justin Kammerich. Investigators say Whirley shot another man but he survived. Authorities say the shooting happened during a robbery in Jefferson City in December 2018.

Beetem followed the jury's recommendation in giving Whirley a life sentence.

Whirley was a juvenile at the time of the shooting but was certified as an adult to stand trial in 2019. His defense lawyers asked for a lighter sentence because of his young age at the time of the crime.

Whirley appealed his conviction on several grounds, including that the court didn't admit evidence that could help him and that he had an ineffective lawyer during hearings to certify him as an adult.

The appeals court agreed with Whirley on some of his claims related to the evidence.

Whitley states in his appeal that the court denied him the chance to present evidence that his brother was the actual shooter. His brother, Jaquan Whirley, was convicted in another shooting that happened at about the same time.

"The trial court abused its discretion in excluding evidence that Brother was an alternative perpetrator," appeals court Judge Anthony Rex Gabbert wrote in the unanimous opinion. "The trial court abused its discretion in excluding evidence that Brother was an alternative perpetrator."

It wasn't immediately clear Tuesday what will happen next in Jahuan Whirley's case.