MOUNT VERNON – Madison County jurors who found Tavon Ludy guilty of murdering a little boy should have convicted him of involuntary manslaughter, Fifth District appellate judges ruled on Feb. 5.
Justices Thomas Welch and Milton Wharton reduced his conviction and remanded his case to Circuit Judge Kyle Napp for sentencing.
They found insufficient evidence to prove Ludy knew that punching the boy in the chest created a strong probability of great bodily harm.
They relied on testimony of pathologist Raj Nanduri, indicating the punch proved fatal due to a rare weakness of the boy’s chest wall.
Dissenting Justice Judy Cates found overwhelming evidence to support Ludy’s conviction for murder.