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

Trial Postponed until July 20, 2009

An additional witness/schedule conflict now has the trial of Shannon Shimp (on two counts of second degree murder plus charges for injury to Ian's passenger, Tessa M.) starting July 20, 2009 at 9am in 'D-17' El Cajon Superior Court.

We have pretrial motions on July 17, 2009 same department and time.

At times the agony of postponement after postponement makes me want to scream(which I do upon occasion), but then I reflect on the witnesses, witnesses to this terrible crime and their willingness to testify; to relive the horrible. I very much appreciate them stepping up; it gives me hope; and I scream less.

As always you are invited to join us in court as respectfully silent spectators in support of Ian and the other dead and injured. Thank you for your support in Ian Christopher Kinney's memory. Scott Kinney, Father

Trial Postponed until June 22, 2009

For various reasons the Trial start date has been changed from May 11 to: June 22,2009. To a large extent the delay has to do with witness scheduling; coordinating appearances by witnesses who live out of state being the primary challenge.

The April 24,2009: '995' Motions hearing (before a second judge) to hear arguments by the defense to: dismiss judge Hanoian's ruling that 'two counts of second degree murder may go to trial' ended with (the second judge) ruling that 'the charges can & will go to trial and will not be dismissed'.

Thanks to all who continue to support our family in Ian's memory.

Court Update:

A 'Readiness Hearing' is scheduled for 9:30am Monday, March 2 in Dept. 11

A '995 Motions Conference' is scheduled for 9:30am Friday, April 24 in Dept. 11

'Jury Selection' is scheduled for 9:30am Monday, May 11 in Dept. 11

The '995 Motions Hearing' is routinely requested by a defendant's lawyer in felony cases. The defence will argue that the 2 felony counts of second degree murder that were considered on November 19, 2008 and turned over for trial by Superior Court Judge Hanoian should be "re-considered to be without precedent or merit"... in other words not carried over for trial, dropped from trial or prosecution, dismissed as not worthy of further pubic or judicial scrutiny.

I assure you that Ian's family will continue be in the court room until sentencing. Your continued support in Ian's memory is greatly appreciated. Scott Kinney

Court Update: February 6, 2009

The Readiness Conference scheduled for Monday February 9, 2009 is @ 9am in Department 11 NOT @ 10am. Sorry for the confusion.

Court / Trial Update: January 29, 2009

The next court proceeding we (Ian's family) will attend is a: 'Readiness Conference';
Monday, February 9, 2009 @ approximately 10:00am, Dept.11, El Cajon Superior Court. We understand that Mr. Shimp will have the opportunity to enter pleas to:
Two counts of second degree murder.

The Trial is scheduled to begin on: Monday, March 2, 2009; El Cajon Superior Court.
The Trial/Courtroom location, presiding Judge and 'hour to begin' will be determined by a scheduling Judge earlier that morning.

As always we deeply appreciate all persons who attend these proceedings in Ian's Memory. Remember that Mr. Shimp's family and friends will also be in attendance;
We ask in Ian's name that everyone treat one another with the utmost respect.
Thank you sincerely, Scott Kinney