☛ TS Jury: Barger not guilty of first-degree murder
After nearly four days of deliberations, a jury found 23-year-old David Gabriel Barger not guilty of the first-degree murder of Rex Shinn, who was shot in the head on a Southern Humboldt County pot farm in 2003.
The jury could not agree on the lesser count of second-degree murder, and ultimately hung with eight of the 12 jurors in favor of his acquittal.
Barger was found guilty of vehicle theft for taking and hiding a truck that belonged to Shinn.
...Following the verdict, juror No. 1, who deliberated in the case, said she was unhappy with the outcome, but because the prosecution did not produce enough compelling evidence, the jury had no choice but to find there was reasonable doubt Barger committed the murder.
”It's very upsetting the evidence wasn't better,” juror No. 1 said. “It wasn't fair to the whole jury because of the evidence. They didn't give us enough.”
...witnesses were granted immunity for their involvement in the marijuana growing operation, and juror No. 1 said this was a primary concern during deliberation.
”Maybe if they had a witness without immunity it might have been more believable,” she said.
Gallegos said he understands the jurors' concerns.
”This murder revolved around a marijuana grow. If we don't grant immunity, those people won't talk, so we have no evidence,” Gallegos said. “It doesn't feel good to us either. But in the spectrum of wrongs, the person pulling the trigger is a lot worse than the others.”
Barger was returned to the Humboldt County jail, and awaits sentencing for the vehicle theft.
He is scheduled to return to court for a pretrial hearing on the second-degree murder charge Nov. 18.
☛ ER Preliminary hearing in murder/attempted murder case continued
☛ HCSO Date Released: Sheriff's Press Release 8/28/2003
☛ JN MISSING MAN'S BODY FOUND:
☛ JN MURDERED MEN IDENTIFIED:
☛ TS Barger murder trial to begin this week
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07
☛ JN Marijuana crime 12/25/03
a 2003 murder case
Barger murder trial to begin this week
Barger not guilty of first-degree murder