Retrial after appeal rejected, murder conviction in Jefferson City returned to lower court

COLUMBIA, Missouri (KMIZ)

The Missouri Court of Appeals denied the prosecutor's request for a retrial or transfer of the case to the Missouri Supreme Court after the case was sent back to the district court.

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

According to court records, the state's attempt to have the case retried in the appeals court was denied Tuesday, and its request to transfer it to the Missouri Supreme Court was also denied.

The prosecution filed its motion on July 17, asking the court to retry the case or, alternatively, send it to the Missouri Supreme Court.

Court documents say prosecutors “agree with the resolution of four of the five points of appeal, but believe the court overlooked significant legal and factual issues when it reversed the conviction based on the exclusion of evidence of another alleged perpetrator.”

The appeals court ruled in Whirley's favor on the evidence. He claimed on appeal that the trial court denied him the opportunity to present evidence that his brother was the actual shooter. His brother, Jaquan Whirley, was convicted of another shooting that occurred around the same time.

In the 21-page motion for a retrial, prosecutors argue that there is no evidence or witnesses to support the claim that the brother was the other perpetrator of the murder.

What will happen next in the Jahuan Whirley case remains unclear on Wednesday.