MONTPELIER, Vt. (WBZ NewsRadio)— A man convicted of the first murder in Vermont's capital in nearly one hundred years is appealing his conviction.
Jayveon Caballero was convicted of second-degree murder in November 2019 for a shooting that killed Markus Austin in 2017. Police said at the time this was the first murder in Montpelier since the 1920s when a woman shot her husband.
Caballero was sentenced to 25 years to life in prison for the murder. Vermont state law dictates that any conviction of a life sentence is automatically appealed to the Vermont Supreme Court.
In the appeal, the defense argued that Caballero was not given a fair trial due to issues with evidence. His attorney Dawn Seibert said the judge did not allow the jury to hear a phone call Caballero made in the hours after the shooting and that the jury saw graphic photos of the victim they weren't supposed to see, according to the Times Argus.
Seibert also argued the prosecution did not prove that the Caballero knew the shot he fired could have killed Austin.
Police said the incident happened after the two were involved in a altercation outside of a bar in Barre, Vermont, which is right outside of Montpelier. Following the incident, Caballero confronted Austin and shot him.
The defense argued the shooting was accidental because the bullet ricocheted off the windshield of Austin's car.
WBZ's Shari Small (@sharismallnews) has the story.