A Cole County jury recommended a Jefferson City man serve life in prison for the killing of a Jefferson City man in December 2018.
After hearing nearly a day of testimony, the jury handed down its sentencing recommendation Tuesday for Jahuan Whirley after finding him guilty of multiple charges following four days of testimony last week.
The jurors found Whirley guilty of second-degree murder in the alternate to first-degree murder. They also found him guilty of one count of first-degree assault, along with two counts each of attempted first-degree 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, in the 200 block of West Atchison Street and wounded another person.
Jurors recommended Whirley be given a life sentence for the second-degree murder and first-degree assault charges, and then 15 years on each of the two counts of first-degree attempted robbery, unlawful use of a weapon and armed criminal action charges. Those were the amounts that had been asked for by prosecutors.
Cole County Presiding Judge Jon Beetem ordered a sentencing advisory report be done before he holds a final sentencing June 16.
Whirley was 16 at the time he was charged and certified to face those charges as an adult.
Authorities said Kammerich and another unidentified male were shot and the surviving victim told Jefferson City 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.
Whirley took the stand Friday in his own defense and denied shooting anyone, being in the area where the shooting occurred or knowing who may have committed the crime.
In his closing statement Tuesday afternoon, Assistant Prosecutor Scott Fox told jurors to remember what happened on the night of the shooting and that Whirley lied to them about what happened.
"He (Whirley) shot 13 times at two unarmed men for no particular purpose after starting a robbery," Fox said.
The day after the shooting, Whirley told investigators 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 testified they 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.
Fox showed pictures of the victims in this case to the jury.
"This case is about one man who was fighting for his life and not knowing if he would survive the night," Fox said. "This case is also about Justin Kammerich and the fact his two children don't have a father any longer."
Fox said they could have asked for life in prison on four of the charges Whirley was facing, but the prosecutor's office came up with an estimate that would be the "fair, reasonable and just punishment for a 16-year-old who callously, cold and calculatingly gunned down two men for no particular purpose."
Initially prosecutors had said they'd seek life without parole if Whirley were convicted, but Fox told jurors Tuesday there would be the possibility of parole.
In his closing statement, Public Defender Walter Stokely asked jurors to remember Whirley was 16 when the crime occurred.
"There is no sentence you can give that would bring Mr. Kammerich back and make his family whole again," Stokely said. "We hope you show some mercy in this case. Mercy isn't something one is entitled to, but it is something in your control to show."
Stokely also reminded jurors that expert witnesses they brought in to testify in the sentencing phase said it is very hard to deter an adolescent and they wouldn't be deterred from acting out if they faced the possibility of a long prison sentence.
"They also told you that the worst decision in his life does not predict what he'll do in the future," Stokely said. "We have every reason to expect that with just normal development through time, that Jahuan can be somebody who presents no risk to his fellow citizens."
Stokely reminded jurors Whirley had no mental health conditions that would stop him from developing into a normal and responsible adult.
"Nobody is saying that somebody convicted of murder deserves no punishment at all," Stokely said. "We're not excusing his behavior. He is less guilty by reason of having an adolescent brain at the time of this murder. It's reflected in law as the U.S. Supreme Court has ruled that you can't execute juveniles and you can't give them mandatory life without parole sentences."
Cole County Prosecutor Locke Thompson gave the final argument and told jurors this was not an impulsive or spontaneous act by Whirley.
"He took a gun with 31 rounds and went to this location, and he went there to frighten, to injure and kill," Thompson said. "He shot those two men, and they had nowhere to run. We know we're asking you to do something very difficult, but at the end of the day, life is an appropriate sentence for taking the life of Justin Kammerich."