NOT GUILTY CT - James McGrath, 17, athlete, fatally stabbed at house party fight, Shelton, May 2022 *ARREST*

[kaen]

I have watched this trial in the off hours this summer. I think the largest mistake the state made was to give the friends of the killer a sweetheart deal where they had no responsibility. Their behavior (both of them) helped to create this fight and the ensuing stabbing and killing. They were both silent until they had a deal which made the defendant look like the fall guy. The one who brought the knife originally was looking to fight AND was drinking and driving throughout that night with no consequences. The other one scored illegal alcohol and was the one who wanted to go and try to "settle" a situation he helped to create with NO chance to make peace. The 30+ plus kids at a house party also played a part in the situation escalating. I think he would have been found guilty had more people been held accountable on both sides of this ridiculous dangerous situation. AND, where were the parents? Kids drinking and congregating. The mother who threw young people who had been drinking out of her home to drive somewhere else to start something is unbelievable that she faced no charges. All around the people there that night abandoned the young murdered man.

The McGrath family don't have their son and for a stupid, stupid reason. My heart goes out to them.

 

[turaj]

I believe the DA did just as OP suggests: Charged 1st degree murder, and the jury acquitted RV on this charge, and considered the lesser included of 1st degree manslaughter, and the jury acquitted on this charge, but then could not agree (deadlocked) on the lesser included charge of 1st degree manslaughter- reckless. I believe the Court then accepted the partial verdict.

I was inclined to believe retrying RV for 1st degree manslaughter, reckless, would be double jeopardy, but a former prosecutor speaking to News 8 says it's possible but not likely:

Prosecutors could potentially pursue a reckless manslaughter charge in a retrial, but it would be a challenge, according to McGuigan.

“Under those circumstances it’s very difficult to imagine a scenario of how the state would come up with a theory that he acted recklessly,” McGuigan said.

There are ongoing civil cases against Valle, which McGuigan said have a lower burden of proof for verdict against Valle.

https://www.wtnh.com/news/connecticut/fairfield/former-state-prosecutor-says-criminal-retrial-of-raul-valle-is-improbable-civil-case-possible/

I saw the channel 8 post verdict comments and based on that prosecutor I don't think they will even go after the lessers. They said it had to be 11-1 NG and that most jurors bought self defense...if they think it self defense none of the lessors would be guilty either. Only hope are the civil cases.

 

[LAborn]

I believe the DA did just as OP suggests: Charged 1st degree murder, and the jury acquitted RV on this charge, and considered the lesser included of 1st degree manslaughter, and the jury acquitted on this charge, but then could not agree (deadlocked) on the lesser included charge of 1st degree manslaughter- reckless. I believe the Court then accepted the partial verdict.

I was inclined to believe retrying RV for 1st degree manslaughter, reckless, would be double jeopardy, but a former prosecutor speaking to News 8 says it's possible but not likely:

Prosecutors could potentially pursue a reckless manslaughter charge in a retrial, but it would be a challenge, according to McGuigan.

“Under those circumstances it’s very difficult to imagine a scenario of how the state would come up with a theory that he acted recklessly,” McGuigan said.

There are ongoing civil cases against Valle, which McGuigan said have a lower burden of proof for verdict against Valle.

https://www.wtnh.com/news/connecticut/fairfield/former-state-prosecutor-says-criminal-retrial-of-raul-valle-is-improbable-civil-case-possible/

Thank you so much, Seattle.

 

[LAborn]

I saw the channel 8 post verdict comments and based on that prosecutor I don't think they will even go after the lessers. They said it had to be 11-1 NG and that most jurors bought self defense...if they think it self defense none of the lessors would be guilty either. Only hope are the civil cases.

Oh, so it was 11-1 NG when they were hung the first time (I had assumed the flip)? I'm floored, truly beside myself.

 

[Seattle1]

Murdered prep student’s family ‘in shock’ after suspect acquitted in stabbing death

Raul Valle, 20, was emotional in Superior Court in Milford on Wednesday as the jury returned a partial verdict.

nypost.com

7/9/23

A representative from St. Joseph told Fox News Digital in 2022 that Valle had been in good academic standing and had not been in any fights at school before the May 14 incident.

Valle was released on $2 million bond just days after his arrest in May 2022.

An obituary for McGrath described the 17-year-old as the “sunshine” of his parents’ life and his sister’s “best friend and confidant.”

“Many described Jim as a wonderfully happy person with a big heart who was a loving friend to many,” the obituary states.

“He loved his school, Fairfield Prep, and he excelled as an athlete in every sport he chose. He played football and lacrosse for Fairfield Prep and as a youth for Shelton and Connecticut Wolves as well. He understood the meaning of being part of a team.”

 

[LAborn]

Murdered prep student’s family ‘in shock’ after suspect acquitted in stabbing death

Raul Valle, 20, was emotional in Superior Court in Milford on Wednesday as the jury returned a partial verdict.

nypost.com

7/9/23

A representative from St. Joseph told Fox News Digital in 2022 that Valle had been in good academic standing and had not been in any fights at school before the May 14 incident.

Valle was released on $2 million bond just days after his arrest in May 2022.

An obituary for McGrath described the 17-year-old as the “sunshine” of his parents’ life and his sister’s “best friend and confidant.”

“Many described Jim as a wonderfully happy person with a big heart who was a loving friend to many,” the obituary states.

“He loved his school, Fairfield Prep, and he excelled as an athlete in every sport he chose. He played football and lacrosse for Fairfield Prep and as a youth for Shelton and Connecticut Wolves as well. He understood the meaning of being part of a team.”

What about before he was at St. Joe's? Violence and killing people doesn't come out of thin air.

 

[LAborn]

Basically the jury told us today that all the assault victims and Jimmy deserved the violence and death. That's literally insane. So the guy with the knife assaulting and killing is the victim. JFC. Our country is completely lost.

 

[turaj]

Oh, so it was 11-1 NG when they were hung the first time (I had assumed the flip)? I'm floored, truly beside myself.

Jimmy's father spoke and is so composed and probably in shock. The prosecutors and family all thought it was 11-1 Guilty as did most of us....but given the outcome it seems it was NG with one thinking guilty.

 

[LAborn]

Jimmy's father spoke and is so composed and probably in shock. The prosecutors and family all thought it was 11-1 Guilty as did most of us....but given the outcome it seems it was NG with one thinking guilty.

Yes, he's likely in shock and I commend him for even speaking to the press. I'm sure his wife and daughter are shattered. I hope they know how many people supported his son and justice for him and the victims. I will never understand this outcome. It's not enough they have to bear the senseless loss of their son, then to have the murderer go free?!?!?!? Beyond comprehension. I'm furious.

 

[Magic8Ball]

Yes, he's likely in shock and I commend him for even speaking to the press. I'm sure his wife and daughter are shattered. I hope they know how many people supported his son and justice for him and the victims. I will never understand this outcome. It's not enough they have to bear the senseless loss of their son, then to have the murderer go free?!?!?!? Beyond comprehension. I'm furious.

I wish the McGrath's could appeal the NG verdict on the basis of ineffective assistance of counsel.

Unfortunately, that's not how our system works.

Doesn't seem quite right that only the defendant is entitled to have competent lawyers.

JMO.

 

[kaen]

Basically the jury told us today that all the assault victims and Jimmy deserved the violence and death. That's literally insane. So the guy with the knife assaulting and killing is the victim. JFC. Our country is completely lost.

I don't that this what the verdict means. This was a very complex situation and there were a lot of players.

I think if the three of the kids in that SUV were all held accountable, the verdict might have been different. I really do. The killer did not bring the knife, he didn't know the actors. He left the car, he accompanied the other young man into a volatile situation AND he feared for his life. He did indeed wield the knife. It was difficult to watch his lawyer tear apart those two other kids--- they were also culpable even in their own retelling. The kids who poured out of that house fueled the situation as well---- stupid, hot head, drunk kid stuff.

Don't get me wrong. I think he should have been found guilty but in reality it would have been hard to vote guilty knowing that the other two got the deal of century and admitted their stupidity on the stand.

 

[LAborn]

Please listen to the FULL statement of Jimmy McGrath's dad. He is in disbelief, as many of us are. He is astonished at the verdict. He's graceful, but he thinks it's also a miscarriage of justice. He is SHOCKED. <modsnip> The jury is WRONG. IMO

 

[turaj]

I don't know anything about the Valle family but lets just say Raul has changed their lives forever. Mr. McGrath still wants some sort of justice for his son's death (murder in my books) and seems smart and will keep going. If no more criminal proceedings then the civil will be underway. They surely will prevail in those as no question Valle caused the death and assume a very large amount of money will be required to settle that case in or out of court. Raul has no income so family will be liable for payment and unless they are multi millionaires this will impact their lifestyle for the rest of time. As I watched Raul's face yesterday I think he was the most surprised at all the NG verdicts being read off. I wish the McGrath success in the civil proceedings which seem the only thing left. I hope this has been a wake up call for all the parents in the area.

 

[kaen]

I don't know anything about the Valle family but lets just say Raul has changed their lives forever. Mr. McGrath still wants some sort of justice for his son's death (murder in my books) and seems smart and will keep going. If no more criminal proceedings then the civil will be underway. They surely will prevail in those as no question Valle caused the death and assume a very large amount of money will be required to settle that case in or out of court. Raul has no income so family will be liable for payment and unless they are multi millionaires this will impact their lifestyle for the rest of time. As I watched his face yesterday I think he was the most surprised at all the NG verdicts being read off. I wish the McGrath success in the civil proceedings which seem the only thing left. I hope this has been a wake up call for all the parents in the area.

I also believe that the other two with criminal immunity will also be a part of any suit that is to follow. That is a good and right thing because all of them bear responsibility, even if the burden is greater for some than others.

I wish I could say that the experience has changed parent/family behavior as to parties or student behavior as to the beefs that arise. I don't think so. I am very aware of Fairfield County culture-- lots of access to cars, alcohol and parents who have lawyers on speed dial among the affluent.

Hoping that the McGrath family finds peace and prevails in court to make all the truths known.

 

[Weki]

this happened after what? 2 hours? Then again after 5? With the first note I was thinking we must have one real controller in there that will not listen to any arguments. It was 11-1 and personally I think that was 11 Guilty.

I think that's why it annoys me so much. Because I interpret it as just 1 or 2 jurors who are being controlling. I think I'm also projecting because that was my experience the one time I was a juror - we had to stay an additional 2 days to deliberate and were told to go back twice when we said we were hung all because of 2 jurors who just didn't want to deliberate. One was definitely a controller and the other one had some kind of anti-police bias. Their arguents amounted to what-ifisms. So tedious and infuriating.

Edited to add: WOW!!! He was found NG and hung on a lesser included for count 1!!!!

 

[dlsully62]

I hope he still have to face the lesser charges....this may not have been intentional but it sure was reckless. He will have to live the rest of his life knowing he took a life...to me that is murder.

And I think that may very well be his own personal prison.

 

[dlsully62]

Please listen to the FULL statement of Jimmy McGrath's dad. He is in disbelief, as many of us are. He is astonished at the verdict. He's graceful, but he thinks it's also a miscarriage of justice. He is SHOCKED. <modsnip> The jury is WRONG. IMO

Keep in mind that Mr. McGrath also says, "this is due process." He also reiterates that RV deserved due process, and he graciously accepts it. What a giant of a human.

Nevertheless, I'm truly glad the verdict was NG... JMO

 

[turaj]

I also believe that the other two with criminal immunity will also be a part of any suit that is to follow. That is a good and right thing because all of them bear responsibility, even if the burden is greater for some than others.

I wish I could say that the experience has changed parent/family behavior as to parties or student behavior as to the beefs that arise. I don't think so. I am very aware of Fairfield County culture-- lots of access to cars, alcohol and parents who have lawyers on speed dial among the affluent.

Hoping that the McGrath family finds peace and prevails in court to make all the truths known.

you are so right "lawyers on speed dial" this is exactly what is going on....I noted that Kevin Smith caters to these parents and students and says so on his web ads... "Discounts for Veterans, Union Members, Teachers, Students, and Parents".

 

[Seattle1]

Similar to most states, the statute of limitations in CT to file a wrongful death civil suit is two years from the date of death [i.e., Jimmy McGrath's date of death May 15, 2022], and according to public records, the McGraths long ago filed numerous notices of intent to sue and/or wrongful death claims.

Also, unlike other states, CT has a five-year cap from the date of the negligent or wrongful act for the lawsuit to be filed, with exceptions such as when the party responsible for the death is convicted of certain crimes related to the death (like murder), according to Justia Law.

It's not unusual for witnesses in a criminal case being sued civilly to request and be granted a stay in their case to avoid being deposed-- where anything said in the deposition can be used against them in another case. In this case, I think we would have seen a lot of impeached testimony! JMO

 

[turaj]

The jury foreman James Stuhlman speaks:

I honestly don't know what he said.