Attorney seeks new trial in Boyes case
Last-minute instruction, doctor’s testimony cited
A former Air Force technical sergeant who was convicted of involuntary manslaughter in his wife’s shooting death wants a new trial, according to a motion filed Friday.
In the motion for Jarom Boyes, defense lawyer Gabriel Grasso argued that the jury’s decision March 9 was made shortly after being given a last-minute instruction.
Jurors were confused, Grasso argued, after one of them asked if it would be considered willful or voluntary “if a person did not try lifesaving measures immediately.”
The instruction used the phrase “theories of responsibility,” which Grasso argued placed unnecessary emphasis on whether Boyes was responsible for his wife’s death.
Failing to render aid would qualify as an “unlawful act” under the definition of involuntary manslaughter, the motion said.
“Since Boyes was found not guilty on first-degree murder, second-degree murder and voluntary manslaughter the only possible explanation for the jury reaching its verdict within minutes of being given the special instruction is that the jury relied upon the special instruction given over objection by defense counsel,” the motion said.
Boyes was ordered to be released March 13 after serving nearly five years in jail, which exceeded Nevada’s four-year maximum sentence for involuntary manslaughter.
Grasso also argued that involuntary manslaughter never should have been offered as a lesser charge be
BOYES