Appellate Court reverses conviction of Jarred Young in 2016 homicide

On August 30, 2018, Jarred Young was sentenced to 20 years in prison for second degree murder for his role in the death of David Tally in December 2016.

Young appealed the decision in October 2018 and the New Mexico Appellate Court has reversed and remanded Young's case back to trial based on a failure of the court to give the jury in the initial trial instructions on a lesser charge that had evidentiary support, the New Mexico Court of Appeals order states.

"On appeal, Defendant claims that the district court erred in denying his requested jury instruction on involuntary manslaughter, a lesser included offense of second-degree murder. We agree that the district court erred in refusing to instruct the jury on involuntary manslaughter and we therefore remand for a new trial," New Mexico Appeals Judge Jane Yohalem said in the order. The other two Appeals Court Judges Jacqueline Medina and Briana Zamora concurred with Yohalem.

More:Young sentenced to 20 years in Alamogordo court for 2016 murder

"Because failure to give the jury a requested instruction on a lesser included offense when the instruction is supported by the evidence is not harmless error... we reverse and remand for a new trial," the order states.

Young fatally shot Tally on December 18, 2016, according to court records.

"Defendant did not dispute that he fired the fatal shot at close range. He claimed that he was joking with (Tally), never intended to kill him and pulled the trigger not knowing the gun was loaded," the order states.

Young and Tally were friends and Tally was a friend of Young's three roommates who all testified at Young's original trial.

At 11 p.m. on December 18, 2016, Tally went to Young's home for a planned visit. Two out of Young's three roommates were there along with Young. The third roommate was at work, court records state.

The three roommates had used methamphetamine earlier in the evening, court records state.

Tally and Young had been texting prior to Tally's arrival at Young's home, court records state.

Tally went inside the home through an outside door that lead directly to Young's room, startling Young who was holding a carbon dioxide BB gun and Tally said asked jokingly if Yong was going to shoot him, court records state.

A real handgun was in the home since one of the roommates was teaching the other how to use and care for the gun.

A roommate picked up the gun, unloaded a live round and handed the gun to Young, court records state.

At trial, Young testified that the group had "joked around this way before with a gun that was not loaded," court records state. "Both of them were laughing. Defendant testified that, believing the gun was not loaded, he pointed it at (Tally), bounced the gun up and down in his hand, and jokingly said, 'Oh now, I might shoot you.' Defendant testified that he pulled the trigger, expecting a click, but got a bang."

There was conflicting testimony as to where the gun came from that night and if the round was ejected, court records state.

"(Tally) was shot in the forehead," court records state. "(Young) admitted pointing the gun and pulling the trigger, but he repeatedly testified that he believed the gun was not loaded, that he was joking around, and that he did not want his friend to die."

At trial, 12th Judicial District Court instructed the jury on the elements of second degree murder and the defense asked for involuntary manslaughter to be included in those instructions since Young did not intend to kill Tally, court records state.

The district court denied the requested instruction because "the evidence adduced at trial was not sufficient to allow a reasonable jury to conclude that victim’s death resulted from defendant’s negligent use of a firearm," court records state. "The district court concluded that no reasonable jury could find that defendant’s conduct resulting in victim’s death was anything less than aggravated assault with a deadly weapon, a felony offense that ruled out involuntary manslaughter."

Nicole Maxwell can be contacted by email at nmaxwell@alamogordonews.com, by phone at 575-415-6605 or on Twitter at @nicmaxreporter.