Jury Finds Kyham Dunn Not Guilty of Felony Murder
A jury has found Kyham Dunn not guilty of party to the crime of felony murder in connection to the shooting death of 20-year-old Garth Velin in Superior in September of 2014.
The 21-year-old dropped his head onto the table and cried as the verdict was read.
The jury of seven women and five men deliberated for around two hours Thursday night before returning the verdict.
The prosecution argued that Dunn and his four co-defendants went to to Velin’s house with the intent to get money or marijuana from the victim.
Velin was shot in the chest by 19-year-old Chance Andrews during what police call a failed robbery attempt.
The defense argued there was no conspiracy to rob Velin, and that none of the other four defendants knew Andrews had a gun.
The jury ultimately agreed with the defense, finding Dunn not guilty of party to the crime of murder, attempted armed robbery and attempted robbery.
“Somebody was murdered. The jury found that Kyham did not aid or abet or assist in that but you know the family obviously has the loss and so while we can have our relief, there’s still you know.. a deep sadness that comes out of this unfortunately,” said Dunn’s attorney Aaron Nelson.
“Disappointed, there’s a great deal of frustration on behalf of the victim’s family, of course, and law enforcement and our office and others put a lot of work into these cases. We want justice and we respect juries,” said Douglas County District Attorney Dan Blank.
Chance Andrews pleaded guilty to shooting Velin and was sentenced to 25 years behind bars.
Kane Robinson was convicted for his role in Velin’s death and sentenced to 18 years in prison.
Meanwhile, co-defendant Teah Phillips will head to trial on February 24. Phillips is charged with party to the crime of felony murder.
Lastly, Dallas Robinson has a trial set for March, however, a plea agreement is in the works.