Court reverses murder conviction in death of store employee who chased shoplifter

A state appeals court panel has reversed a man’s conviction for second-degree murder for the death of a liquor store employee whom authorities said was thrown from the hood of the defendant’s car in Long Beach after hanging on for about three blocks.

In a ruling released Thursday, the three-justice panel from California’s 2nd District Court of Appeal agreed with the defense’s contention that a judge erred in failing to instruct jurors in Jamal “Mookie” Darby’s trial on the lesser offense of voluntary manslaughter.

Jurors convicted Darby , now 37, of second-degree murder for the July 23, 2020, death of 57-year-old Long Beach resident Victor Talavera, but acquitted Darby of first-degree murder and robbery.

In its 22-page ruling, the appellate court panel noted that Talavera jumped out over the counter and chased after Darby, who ran out of the store without paying for clothing and dropped some items as he fled.

Talavera jumped on top of Darby’s car and mounted the roof, clinging to the top of the car as Darby drove off at a higher speed than surrounding vehicles and repeatedly swerved his car, according to the ruling.

Talavera fell from the car and died from blunt force injuries sustained in the fall, the justices noted.

The appellate court panel found that jurors were properly instructed on second-degree murder, but determined that “substantial evidence” also supported a voluntary manslaughter instruction that was not given to jurors.

“The evidence showed that Talavera chased after defendant, and then as defendant started the car, Talavera jumped on top of defendant’s vehicle with such force that he dented the trunk and the roof. Viewed objectively, Talavera’s physical response to defendant taking clothing from the liquor store was unpredictable, and arguably escalated the situation,” the justices found.

“Further, the physical act of leaping on top of defendant’s vehicle was sufficiently provocative and impulsive that it could cause an ordinary person of average disposition to act rashly and without opportunity for deliberation and reflection. Defendant’s responsive acceleration and swerving supported the inference that defendant subjectively experienced an intense, high-wrought, or enthusiastic emotion,” the panel added.

The appellate court justices noted that the “instructional deficiency forced the jury to choose between second-degree murder and acquittal,” and that Darby’s attorney was “forced to argue for complete acquittal despite admitting her client had caused defendant’s homicide.”

Darby was arrested about three weeks after the victim’s death while driving the car that detectives believe was used in the crime, and the vehicle was impounded to be processed for evidence, according to Long Beach police.

He was sentenced in February 2023 to 15 years to life in state prison.

The post Court reverses murder conviction in death of store employee who chased shoplifter appeared first on Long Beach Post .