Judge Drops Murder Charges Against Suspect in Deadly Skateboard Attack on Good Samaritan
Midway through the jury trial of Jason Ryan Barnes, the judge has acquitted Barnes of second-degree murder and voluntary manslaughter.
Judge Timothy Canning’s ruling this morning leaves jurors to consider only charges of involuntary manslaughter and assault with a deadly weapon in the death of Bernhard “Ben” Bertain, who died three days after Barnes struck him with a skateboard in December 2018.
Barnes.
Deputy District Attorney Roger Rees had just rested his case for the prosecution when Deputy Publc Defender David Celli argued, with the jury out of the courtroom, that Rees had not presented evidence justifying either a murder or voluntary manslaughter charge. There was no evidence Barnes acted with malice, Celli said, and no evidence that an objective observer would believe striking someone with a skateboard would cause death.
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