Not Guilty Verdict for Murder

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

The Trial Began Tuesday September 8, 2009

The trial began Tuesday 9/08/2009 with jury selection. By early Wednesday afternoon a jury had been chosen and the first witness was called. Thursday more witness testimony; it is possible that all witnesses will have testified by next Tuesday. The judge has forecast a two week trial.

Trial to Begin Tuesday September 8, 2009

This morning the last of the pretrial hearings ended with a judgment allowing a video prepared by the DA's office to be entered into evidence. The video is from a drivers perspective traveling to the collision site on Hwy 78 from both East and West directions.

This was the last huddle before the trial; which will begin Tuesday, September 8, 2009 in department-17 at 9am. We understand that the trial could take up to two weeks. The first day or two will be spent seating a jury. No court Wednesday, September 16.

Please feel free to attend any day of the trial to support the DA's prosecution of Shannon Shimp.

Thank you for your support in Ian's memory. Ian's family

Pretrial Motions Hearing ~ August 27, 2009

The next Motions Hearing is Thursday August 27, in Department -17 at 9am.

The trial is Scheduled to begin Tuesday September 8, in Department-17 at 9am.

A Pretrial Motions Hearing in August

A pretrial motions hearing scheduled for Monday, August 24, 2009 will happen instead, either on Thursday, August 27, or on Friday August 28 2009 in Department-17 at 9:00 am. We will post the date as soon as we have that information.
The Trial is still scheduled to begin on Tuesday September 8 in Department-17 at 9 am.

Collision scene from CHOPPER 8 HD

This image of the collision scene aired on Channel 8 in HD,
July 23, 2008; the morning after the crime under the banner of:
" NEW THIS MORNING "
" NAMES RELEASED OF VICTIMS IN DEADLY CRASH IN JULIAN "
At the lowest point left in this ghostly image is the logo of the shows sponsor:
KS PACIFIC LAW CENTER.
Kerry Steigerwalt's PLC was eventually hired to defend the truck driver, Shannon Shimp, charged with two counts of second degree murder DUI among other charges.

Trial Postponed until September 08, 2009

This morning (July 21, 2009)in Department 17 of El Cajon Superior court, a new trial date was set for Tuesday, September 8, 2009 in Dept. 17 at 9am.

The July trial date was scrubbed because the George F. Bailey detention center, where Shannon Shimp is being detained, had imposed a "Swine flu" general quarantine and Shimp was not allowed to attend the trial.

A pretrial motions hearing is scheduled for August 7, 2009 in Dept.17 at 9am.

Tomorrow, July 22, will mark one year from the day when Tessa Maderis was critically injured and both Ian Kinney and Joseph Edwards were killed by Shannon Shimp.

We, remain committed to staying the course, no matter how distant no matter how far, to verdict and sentence. Ian's Family

Thanks to all that care in Ian's memory