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Iowa Supreme Court overturns man's murder conviction
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Nov. 25, 2009 1:35 pm
A man who was found guilty of second-degree murder for a deadly street fight last year will have the charge - and his sentence - reduced, the Iowa Court of Appeals ruled Wednesday.
William Jacob Shekey was found guilty in Humboldt County in the death of Michael Ruberg during a party in Rutland on April 5, 2008.
Court records show the men argued over who was tougher and went outside where they exchanged punches. Ruberg fell to the ground unconscious and later died. A doctor testified at trial that Ruberg died from blunt force trauma caused by at least one blow to the head and neck.
Shekey had waived his right to a jury trial and the court found him guilty of second-degree murder and sentenced him to 50 years in prison. He was to serve at least 35 years before being eligible for parole.
Shekey appealed, claiming the verdict was not supported by sufficient evidence to show he acted with malice aforethought, a necessary element needed to support his conviction on second-degree murder.
The court of appeals agreed, and reversed the conviction and ordered Shekey to be found guilty of the lesser charge of involuntary manslaughter, which carries a maximum sentence of five years in prison.
In its ruling, the court wrote that the district court's findings were not supported by the evidence.
"The evidence is insufficient to establish malice aforethought beyond a reasonable doubt," the appeals court wrote. "We therefore reverse the defendant's conviction for murder in the second degree."
The court said that evidence does support that Shekey "unintentionally caused the death of another" during an assault.
"We conclude there is evidence beyond reasonable doubt to enter a judgment of conviction on the charge of involuntary manslaughter," the court wrote.
Attorneys for Shekey weren't available Wednesday. A telephone message left for prosecutors wasn't immediately returned.

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