Convictions tossed in 2016 death of 16-year-old shot in minivan in Trenton

Verdicts & Settlements

An appeals court in New Jersey has tossed out the convictions of a man sentenced to 55 years in prison after being tried as a teenager in the 2016 death of a girl who was shot in a minivan as she and other juveniles were riding around Trenton.

The court found a number of problems with the prosecution of the then-17-year-old suspect, including the testimony of a detective and the process by which the prosecution was moved to adult court, NJ.com reported. As a result, the court ordered prosecutors to start at the beginning and seek a new adult court waiver from family court.

Although the Mercer County prosecutor’s office publicly named the suspect after indicting him in 2017, the appeals court used a pseudonym for the defendant, who is now 25 and has been serving a 46-year mandatory minimum term, according to court records.

Prosecutors say Ciony Kirkman and six other teens were in the minivan in April 2016 in Trenton when authorities said the suspect shot at the vehicle. Kirkman, 16, was struck in the head and died a few days later. A jury convicted the defendant of murder, attempted murder and assault with a firearm after an eight-day trial in 2018.

The appeals court said numerous errors in the testimony of the lead detective deprived the defendant of a fair trial. The judges also expressed concerns about initial recordings of two witnesses identifying the shooter, saying one recordin appears to indicate that another detective had spoken to them before the recording started.

The appeals court also said the defense at the waiver hearing didn’t submit evidence of disabilities that might have kept the case out of adult court.

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Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

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