Teen suspected in fatal shooting wants case sent to juvenile court

Defense argues he had poor counsel previously

JEFFERSON CITY, Mo. - A teenager accused of murder is seeking to have his case dismissed and sent back to juvenile court.

According to the motion to dismiss, the defense is arguing Jahuan Whirley, 16, didn't receive proper counsel during the legal process and suffered "irreparable harm."

Furthermore, the motion said Whirley was too young to understand the severity of his alleged actions.

Due to this, his attorney says the case should be sent back to juvenile court.

Whirley is charged with second-degree murder, first-degree assault, two counts of first-degree robbery, two counts of armed criminal action and one count of unlawful use of a weapon in the shooting death of Justin Kammerich, 33.

Investigators said Kammerich was one of two men found with gunshot wounds late Dec. 12 near apartments on West Atchison Street in Jefferson City. A 20-year-old man was shot in addition to Kammerich, but he survived. 

The man who survived the shooting told police he and Kammerich were outside their apartments talking when a person with a gun told them to hand over their money, wallets and phones, according to a probable cause statement. The shooting survivor told police the man shot him and Kammerich before they handed over their property, the statement said.

Whirley told police he heard the shots from his home and walked to the crime scene to find out what happened, according to the statement. 

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