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.