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Judge removes organized‑criminal‑activity theory, reads murder charge and sends jury to deliberate
Summary
The court granted the defense's instructed‑verdict motion on the organized‑criminal‑activity theory, narrowed the jury charge to intentional/knowingly and 'clearly dangerous to human life' theories (with party liability language), the judge read the charge and the jury was sent to deliberate.
After a mid‑trial bench discussion, the defense moved for an instructed verdict arguing insufficient evidence supported the organized‑criminal‑activity theory in the indictment. The judge reconsidered, granted the instructed‑verdict motion as to that specific theory and removed the engaging‑in‑organized‑criminal‑activity language from the charge, but left the primary and party liability murder theories for the jury to decide.
The court then read the written jury charge aloud, explaining the elements of murder as charged (intentional or knowing taking of life), the alternative party liability theory that would allow conviction if the jury finds the defendant solicited, encouraged, directed, aided or attempted to aid the primary actor, and instructing jurors about burden of proof and deliberation procedure. The judge told jurors they would have the charge to use during deliberations, and after closing arguments the jury was sent to the deliberation room to begin its deliberations.
The judge summarized the ruling: "I'm going to grant the instructed verdict on that theory," removing the organized‑activity paragraph from the charge; counsel then made closing arguments and the jury began deliberations with the court's instructions.
