We are extremely disappointed to report that Shannon Shimp was found not guilty on Friday of 2nd Degree Murder of our son/brother Ian. He was however, convicted of two counts of Gross Vehicular Manslaughter (for Ian and Joseph Edwards), causing great bodily harm while under the influence (for Tessa Medearis), and driving under the influence. We are hearing different numbers as to the maximum sentence that Shimp may receive with these charges, either 17 or 24 years. This is much less than the potential life in prison that Shimp may have faced if he had been convicted of 2nd Degree Murder.
In an interview with 10 News Friday night regarding the decision the jury foreman stated "we did not feel that the driver at the time intentionally comitted murder." Obviously nobody believes that when Shimp drunkenly put his key in the ignition that evening he was planning on killing Ian and Mr. Edwards on the ride home. This would be "expressed malice," in which one has a deliberate intention to unlawfully take away the life of another. However, a 2nd Degree Murder conviction can result if it is believed that the killer was acting with either expressed malice or "implied malice." We can only assume by the jury foreman's statement that the jurors misunderstood the definition of the implied malice finding that was required to reach a 2nd Degree Murder conviction in this case. Implied malice is found if:
1. (he/she) intentionally committed an act;
2. The natural consequences of the act were dangerous to human life;
3. At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life;
AND
4. (he/she) deliberately acted with conscious disregard for human life
Shimp drove his truck to Molly Malone's to drink (they were not serving food) and intended to drive afterwards. We believe that Shimp, like anyone else, was aware that driving his utility truck with Methamphetamine in his system and a .22 Blood Alcohol Content (his BAC at the time of the collision) was dangerous to himself and others and had the potential to cause loss of life. Furthermore, Shimp knew that it was dangerous for him to drive as he had been cut off by the bartender for being too intoxicated and was warned not to drive. Shimp's decision to drive in this extremely intoxicated state (nearly 3 times the legal limit) anyways showed a conscious disregard for human life in itself, let alone the addition of his wreckless driving which included driving on the wrong side of double yellow lines and passing others on blind corners. On top of all of this he was driving on a suspended license and had no insurance.
We feel that all of the requirements for a Murder 2 conviction were present in the case of Ian's death and we are having a very difficult time understanding how this didn't come to be. Shimp did not offer Ian a second chance when he careened into his lane sideways in his 12000 pound utility truck and crushed him, but with this verdict the jury has said that Shimp deserves one. We disagree.
Below are links to a few of the many news stories that have aired recently.
NBC 7/39 News
Channel 10 News
Channel 6 News
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4 comments:
my heart is so heavy, it bleeds for your family. i can not understand the decision that the jury has made. it seems so clear cut and simple. i am at a loss for words...
jill b
I pray for all;
Dear Jesus,
Please help all those involved to find comfort and strength in these hours of pain. Although we may not understand the reasons you chose to take two of your beloved sheep home, we are grateful for the time they had with their loved ones here on this earth. Through this tragedy two were taken home and one was imprisoned yet set free from the bonds of sin by the salvation of your name. I pray that all others involved find peace, comfort and salvation in your name also. It is unclear to many of our human hearts and minds why the person responsible for this act was spared; however, we know it is all a part of your greater plan to bring many into your presence. Please help all to find forgiveness and hold those in pain in the comfort of your loving arms.
Amen
I'm feeling great shock at these findings. Makes me wonder if the jury got all of the information they needed to find a quilty verdict. I think of the Kinney family all of the time, I think of Ian all of the time. From the time of his birth until his untimely death. This should have never happened. I keep his picture at my desk and see him everyday. My heart is aching for all of you. Please look for some kind of closure so that you can go on. I know you will keep Ian close in your hearts. Love you all.
Carol
This just doesn't make sense -
It totally sucks.
I miss my friend, Ian.
I love you guys.
Mary Jo
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