Estherville, IA (KICD) — The trial of Cejay Van Der Wilt, the second man charged for the death of David McDowell in rural Estherville last October, has wrapped up this week.
After almost two hours of deliberation the jury delivered a guilty verdict, but not for the original 1st Degree Murder charge, but for the lesser charge of Involuntary Manslaughter.
The jury was tasked with how to charge the defendant out of a variety of charges ranging from different degrees of murder, manslaughter or assault. KICD spoke with Robert Rigg, a Drake University law professor, who says juries are the “great leveler” and can make or break a case.
In addition to their verdict, the jury was asked if they found key witness testimony from the state backed up evidence in the trial, which they did not. One question also asked jurors if they believed Brady Salberg was an accomplice, which they indicated they did. Rigg says those questions only relate to credibility, and not how an individual is charged.
The State didn’t bring charges against Salberg in the case, Rigg tells KICD there could be multiple reasons for that.
Van Der Wilt is facing up to five years in prison and will be sentenced on December 6th at 1:30. The other man charged in the case, Connor Uhde, is still awaiting a sentencing date for the Attempted Murder and 3rd Degree Kidnapping charges he pled guilty to as part of an agreement and is facing up to 25 years in prison.
