The crown has asked that the teenagers be sentenced as adults if convicted, which comes with an automatic sentence of 25 years without parole. 25, and they will remain in custody until then. They also face three charges of conspiracy to kill several police officers, as well as the mother of two of the victims. on Tuesday morning and killing a woman, 22, her 17-year-old sister and her boyfriend, also 17. The suspects are accused of entering a home on Sicard St.
Prosecutors also pointed to recorded statements Malczynski made to investigators a few weeks after the shooting in which he changed his story and appeared to lie to detectives before eventually admitting he planned the robbery.A pair of 17-year-old boys appeared in a Trois Rivieres courtroom Wednesday to plead not guilty to a triple murder. More: Plea deal follows hung jury in South Bend murder case The defendant set it up, and he tried to carry it out," Fronk said during his closing arguments. “It was never going to be a simple weed purchase. Give me the money" when he first approached McFarland. The parties also clashed over whether Malczynski went into Central Park thinking the deal was a purchase or a robbery.Īllen testified that the group's goal was to rob Trozzy from the start and McFarland remembered Malczynski saying "Give me the drugs. McFarland was hit once in the arm and parts of the bullet are still in his arm to this day, Chief Deputy Prosecutor Chris Fronk said. Trozzy was shot in the temple and initially declared clinically dead. A ballistics expert testified that although he couldn't identify whose bullet hit Trozzy by the bullet markings alone, he said that for McFarland to have killed Trozzy, the bullet would have had to ricochet and would have been severely deformed, which it was not. Meanwhile, prosecutors told jurors it "isn't possible" that McFarland could have fired the shot that killed Trozzy. "Is it so hard to believe that Trozzy may have spun, ducked, turned his head so that when McFarland shoots, his bullet hits Trozzy? We don’t know, and when we don’t know, we have a reasonable doubt," Kimmell said in his closing arguments. Because both Malczynski and McFarland fired their guns, there's no way to tell for certain who fired the bullet that killed Trozzy, Kimmell said.
Kimmell, Malczynski's lawyer, called into question ballistic evidence, which was complex due to the fact that both Malczynski and McFarland had the same model of gun - a Ruger handgun that used 9-mm ammunition. However, the jury was hung on whether a bullet from Malczynski's gun killed Trozzy and did not convict the teen of murder. After Allen fired a single round, Malczynski then opened fire, allegedly hitting Trozzy in the temple and McFarland in the arm. The realization he was being robbed caused McFarland to reach for his own gun, he said, which in turn caused Allen to shoot from his position near the side of Trozzy and McFarland's car. Three other people were in the car with Allen and Malczynski at the time, but none of them have been charged in connection to Trozzy's death. The state's case relied heavily on ballistic evidence, as well as testimony from McFarland and Daniel Allen, who is also charged with murder and wielded an AK-47 rifle during the incident.
#17 YEAR OLD NOT GUILTY TRIAL#
The case could go to a new trial on the other two counts, the parties could enter into a plea agreement (often to a less severe charge), or prosecutors could dismiss those counts. There is a status conference set for late August to decide the case's next steps. 'We're evenly split': Two homicide cases end with two hung juries in South Bendīased on the attempted murder conviction alone, Malczynski faces between 20 and 40 years in prison, though he could see a more severe sentence if he ends up being found guilty of the other two counts.
Tribune archives indicate the last hung jury in a murder trial prior to this year was in 2016. Joseph County jury has been unable to reach an unanimous verdict on a murder charge. Malczynski's trial marks the third time this year a St. However, jurors could not agree on the other charges and returned hung verdicts on the murder and attempted robbery counts. On Thursday, a jury agreed with parts of the state's case and found Malczynski guilty of attempted murder.
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