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UpdateTyler Baumann Found Guilty of Involuntary Manslaughter
Posted Thursday, October 18, 2007 ; 06:35 PM | View Comments | Post Comment
Updated Friday, October 19, 2007; 02:40 PM


Victim's family shares photos with 12News

By Courtney Dunn


MORGANTOWN -- After hours of deliberation, a jury has Tyler Baumann guilty of involuntary manslaughter.

Closing arguments lasted nearly four hours Thursday.

The prosecution asked the jury to return a second-degree murder charge, reminding jurors that Baumann initially fled the scene, refused to go to the police and lied during his statements -- actions the prosecution says are not consistent with an innocent person.

"Find this defendant guilty," Prosecutor Marcia Ashdown had said. "Hold him responsible in this needless, senseless, willful, wanton and malicious crime."

The defense however took a different approach in its closing argument. Defense Attorney Mike Benniger used a power-point presentation with pictures and quotes to remind the jury of the facts he said prove self-defense or reasonable doubt.

"If there's not doubt in this case, then I don't know what else can be presented," Benniger said.

He described the victim's drunken aggressive actions the night of the stabbing as indicative of Ryan Johnston's behavior. He also pointed to mistakes in the investigation -- fingerprints not being taken in the kitchen, incomplete evidence and lack of proof that would also clear Baumann.

"We don't punish people severely for things that aren't proved clearly," he also added.

Both sides of the courtroom have been packed all week with family and friends of both the defendant and the victim.

Baumann was able to take the stand in his own defense, but Johnston's family said the image of Ryan Johnston being portrayed in the courtroom does not represent the boy they love.

Johnston's family says he was full of life, that he loved his family and friends and loved to go fishing with his best friend.

They said he had just finished stocking the pond before the incident and never had the chance to cast a line.

While they said vacations, holidays and even every-day life is difficult, they said they plan to remember him as someone who "was all about fun."

"He was always smiling and laughing," said his aunt Tracy Desmond.

"We just miss him more than we could ever say," his aunt Jody Polen added. "Words could not describe what our life is like without him."

"When he went our hearts all went with him," Desmond added.

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