The trial for a Jefferson City man charged in a 2018 murder case began Tuesday.
After doing jury selection Monday with more than 70 potential jurors, a group of 12 were sworn in Tuesday morning to hear the case against Jahuan Whirley, 18. The trial, presided over by Cole County Presiding Judge Jon Beetem, could last two weeks.
Whirley is charged with first-degree murder, along with first-degree assault, first-degree robbery, first-degree attempted robbery, unlawful use of a weapon and two counts of armed criminal action in connection with the Dec. 12, 2018, shooting that killed Justin Kammerich, 33. Whirley was 16 at the time he was charged and certified to face those charges as an adult.
During opening arguments, Cole County Assistant Prosecutor Scott Fox laid out the basics of the case for the jurors.
Fox said Kammerich and another unidentified male were shot and the surviving victim reportedly told police Whirley, armed with a Glock pistol, approached him and Kammerich, and told them to give him their money, wallet and phones. Prior to their complying with the demands, the victim claimed Whirley shot him and Kammerich, and then fled.
A day after the shooting, a witness called 911, saying Whirley was at his door and wanted his cellphone. He told the witness he had lost his phone after the shooting and believed it was inside the witness' residence.
Officers went to the witness' residence and talked with Whirley, who said he was inside his residence, near where the shooting occurred, and heard the gunshots the previous night. He said he walked to the crime scene to see what had happened and lost his phone while walking. Whirley provided a description of what he was wearing the night of the shooting, which authorities said matched what the victim and witness had provided.
Authorities searched Whirley's residence and reported they found a bag with a Glock pistol in the basement. Investigators said the pistol was the same caliber as the spent shell casings located at the crime scene. They also allegedly found ammunition and a picture identification card for Whirley.
The Missouri Highway Patrol Lab compared the spent casings seized at the crime scene to the pistol found at Whirley's residence and prosecutors said those tests determined the casings had been fired from the pistol.
"This crime occurred in a residential neighborhood so this crime was not just against the two victims in this case, but the entire neighborhood," Fox said.
Prosecutors did make an offer to Whirley that he could avoid trial if he pleaded guilty to second-degree murder, but Whirley and his lawyer, Public Defender Justin Carver, declined the plea deal.
Beetem earlier denied a motion filed by Carver that would have had the charge Whirley faced reduced from first-degree murder to second- degree murder, which was the original charge in the case. Prosecutors had filed a superseding indictment in November 2020 where they charged Whirley with first-degree murder and planned to ask he be given life in prison without parole if convicted because tests reportedly confirmed Whirley's DNA was found on the gun in question.
Carver said tests may indicate Whirley's DNA is present on the weapon, but it doesn't speak to the state of mind of whoever pulled the trigger. Carver said DNA is only some evidence of who may have held the gun and said there's nothing to indicate how long it may have been on the weapon.
In his opening statement, Carver told jurors there were many family members living in the home Whirley was staying at when this crime occurred and being a teenager, Whirley had the tendency to leave things in places and forget he'd left them there.
"DNA can be transmitted in different ways," Carver said. "There's primary transit, which is if I touch something with my hand. Then there's Segway transfer where if I touch something leaving my DNA, then that item comes into contact with something else, my DNA ends up on something else, even though I've never touched it. The evidence technician can tell you that Jahuan's DNA is on the weapon, but they can't tell you how it got there. The gun and magazine did not belong to Jahuan. He never used, touched or shot this gun."
If Whirley is found guilty, the jury will be asked to give a recommendation on sentencing. Beetem would then preside over the final sentencing.