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Wednesday, June 24, 2009

Charge in runner's death reduced to involuntary manslaughter

Jeffery Young's trial will continue on the lesser charge after judge rules there's no evidence or malice or premeditation.

A first-degree murder charge has been reduced to involuntary manslaughter in the death of a Roanoke County jogger.

Defense attorney Neil Horn made a motion to dismiss the charges against Jeffery Martin Young, saying that Roanoke County prosecutors had not proven that Thomas Farrell was struck by Young’s Jeep. Circuit Judge William Alexander allowed the felony hit and run charge to stand, but said no evidence had been provided that showed malice or premeditation. He reduced the first-degree murder charge to involuntary manslaughter. The judge also dismissed the felony murder charge.

The trial will continue this afternoon and the defense will begin presenting evidence. The defense evidence is expected to conclude Thursday morning.

Roanoke County prosecutors finished presenting their evidence earlier today in the Jan. 28, 2008, death of Farrell.

Meticulous testimony from the past two days firmly established that Young, a 31-year-old Floyd County resident with mental illness, and the white Jeep he owned were seen multiple times in south Roanoke County neighborhoods in the days before Farrell's death. In the hours before Farrell was struck and killed while on an early morning jog, Young and his Jeep were seen repeatedly at  the Country Store at Starkey Road and Penn Forest Boulevard. In the hours after Farrell's body was found in the 5200 block of Springlawn Avenue, Young was again at the store, and his Jeep had noticeable front-end damage that had not been present before.

Yet no debris from Young's Jeep was found where Farrell was killed, and forensic scientists found no blood or other DNA traces on Young's Jeep.

A Roanoke County police detective testified this morning that after Young's abandoned Jeep was towed, it sat in an outdoor lot for several days. During that time it rained.

Roanoke County Commonwealth's Attorney Randy Leach showed the jury photographs that detailed major damage to the hood, radiator and other parts of the Jeep's engine. Then he called Jason Kerrigan, a University of Virginia scientist, to discuss what the damage to the Jeep could mean.

Kerrigan, a researcher for the university's Center for Applied Biomechanics, specializes in studying pedestrian accidents and the damage they cause to both vehicles and bodies. He testified that the injuries Farrell had were consistent with what could happen to a person struck by a Jeep like Young's. He explained how a dent in the front of the Jeep's hood could correspond with Farrell's side abrasion and broken ribs, and how a dent in the top of the hood could correspond to the fracture in the back of Farrell's skull. He also explained that Farrell may not have had broken legs, one of the most typical pedestrian injuries, because the Jeep's bumper is higher off the ground than most cars, and thus could have struck him in the back or side of his knee.

He clarified that he could not say conclusively that Young's Jeep struck Farrell.



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