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You are here: Home / Crime / Courts / New trial ordered for men involved in fatal beating in Des Moines

New trial ordered for men involved in fatal beating in Des Moines

June 16, 2016 By Dar Danielson

Iowa Judicial Building

Iowa Judicial Building

The Iowa Court of Appeals has ordered new trials for two men convicted of second-degree murder in the mob beating death of a Des Moines man in a downtown parking lot in 2013.

The Appeals Court found that James Shorter and Yarvon Russell did each individually participate in the group attack on 40-year-old Richard Daughenbaugh. But the court says there is not evidence to prove that the attack on Daughenbaugh was pre-planned by the crowd. The Appeals Court says it is unclear if the jury convicted the men based on the planned attack — known as the joint criminal conduct theory — or based on the individual attacks where they struck and kicked Daughenbaugh, so a new trial is required.

The Appeals Court ruling comes after the Iowa Supreme Court issued a similar ruling for a third man — Kent Tyler the third — who was also convicted in Daughenbaugh’s death.

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