Court reverses verdict in shooting death of teen - Top Stories - NorwichBulletin.com Home Email this story Thursday, April 18, 2002 Court reverses verdict in shooting death of teen Moosup teen Ryan Thompson may face a new trial in the killing of Robert McCaffrey By GAIL ELLEN DALY Norwich Bulletin The state Appellate Court Wednesday reversed the manslaughter conviction of Plainfield resident Ryan Thompson, citing "prosecutorial misconduct" that might have tainted the jury's verdict. In the 19-page decision to throw out the Jan. 27, 2000, conviction and 20-year prison sentence, Appellate Court Judge Joseph Flynn wrote, "the closing argument so infected the trial with unfairness as to make the resulting conviction a denial of due process and a deprivation of the defendant's right to a fair trial." The Appellate Court ruling paves the way for a new trial on a charge of manslaughter in the shooting death of Robert McCaffery, a 17-year-old killed at a party in Plainfield four years ago today. Thompson, now 22, initially had been charged with murder. Prosecutor Vincent Dooley said in closing statements that witnesses who testified on Thompson's behalf "had reserved a place in hell for themselves." Flynn said this statement exceeded all bounds of acceptable conduct and were made during rebuttal, leaving no chance for the defense to respond. Flynn said the state's case against Thompson was based on circumstantial evidence, with no eyewitness to the shooting and differing testimony as to what occurred that night. The court's decision returns the spotlight to a controversial case some say was clear cut, and others say resulted in a miscarriage of justice. Thompson, who remains in prison awaiting the next step, said he is pleased with the latest twist in what has been an emotional roller coaster. "I'm so pleased with the outcome. Things are finally falling back into place and everything will come out soon enough," Thompson said late Wednesday afternoon. "I'm thankful to my attorney, Moira Buckley, for doing an excellent job and giving me back the hope to keep fighting." Assistant State's Attorney Vincent Dooley, who co-prosecuted the case with Roger Caridad and delivered the closing arguments in question, said he was disappointed with the ruling. "I'm disappointed and don't agree with (the judges') decision, but I have to live with it," Dooley said. "It's easy to claim prosecutorial misconduct, but we do not try to gain an unfair advantage." He said this is the third case the appellate court has reversed in the last month-and-a-half, and if the case comes back to him, he would handle it like any other. Convinced Thompson is guilty, Nancy McCaffery, the victim's mother, said she is sure there will be another trial, and Thompson will be convicted. She said the decision was based on the prosecution's conduct, not on evidence in the case. "He's still in jail where he should be, and I'm confident the verdict will be the same," she said. "Rob Latour's testimony can be produced, even though he's dead." Latour, a key witness for the prosecution, died of a drug overdose after the trial. Thompson's father, Scott Thompson, called the decision one more step in a long process. "But I loved the wording (of the decision), it hit the nail on the head, and finally, someone saw it our way." Thompson was found guilty of first-degree reckless manslaughter with a firearm in Danielson Superior Court Jan. 27, 2000, in connection with April 18, 1998, shooting death of McCaffery. Arrested four days later, April 22, 1998, Thompson has been in prison ever since. "I was so stunned when I heard the news, I couldn't stop shaking," Thompon's mother, Jane Thompson, said. "I've always stood by him, 100 percent." She said her son is working as a welder at the prison and was called to his counselor's office Tuesday to learn of the Appellate Court's decision. She said the past four years have been hard on her son, but he has never wavered in his assertion that he is innocent. "He's coping with his prison sentence," she said. "Ryan's doing OK, he has a welding job, the guards and other inmates like him, and we visit every Sunday." The night in question was exactly four years ago today. Thompson and three friends -- Brandy Stebbins, Thompson's girlfriend at the time, her brother David Stebbins and Jared Gilkenson -- attended a party at Ron Harding's apartment in the Moosup section of Plainfield. Gilkenson, David Stebbins and Thompson admitted to drinking large quantities of beer before the party. McCaffery and his best friend, John Jones, attended the same party. When a scuffle broke out in the house and spilled out into the street, McCaffery and Jones left the party by a back entrance and climbed atop a garage to watch. McCaffery was shot once in the head while kneeling on the roof. Police arrested Thompson on the strength of statements made by Gilkenson, David Stebbins and Latour, who first told police he saw David Stebbins with a rifle, then said it was Thompson. During the four-week trial, Stebbins and Gilkenson recanted their assertions that Thompson had left the car with a rifle, then came back to the car saying, "let's get out of here. I think I just shot someone." On the witness stand, they said police had coerced them into implicating Thompson. Brandy Stebbins never wavered in her statement that Thompson was not the shooter. She said she was with Thompson at the time of the shooting and, when they heard the news, they drove back to the scene. The rifle never surfaced. "I just knew he was innocent all along," said Brandy Stebbins, who along with David Stebbins and Gilkenson was arrested for perjury after the trial. "I was surprised when I heard because they say 90 percent of the time, appeals are denied. In my heart, I knew he was innocent. In the end, I believe the truth will come out." After Thompson was sentenced on March 23, 2000, Gilkenson and David Stebbins were sentenced to 90 days in prison for issuing false statements. Brandy Stebbins also was charged, but she agreed to a plea bargain that included a special form of probation, which, if completed, would result in the eradication of the charges from her record. "I saw how Ryan's trial went and I didn't want to risk going to jail," said Brandy Stebbins, the mother of two children. " I had to take it." She said she, David Stebbins and Gilkenson are reviewing their legal options in light of the appellate court ruling. Thompson's first lawyer, Arthur Meisler, committed suicide March 23, 2001, exactly one year after Thompson was sentenced. Donald Connery, who has written books about wrongful convictions and who serves on the Board of Advisors for the Center of Wrongful Conviction at Chicago's Northwestern University Law School, said he believes Thompson is innocent and he does not foresee a second trial. "That's a near certainty, whatever they may say in the short run," the Kent author said. "No valid forensic evidence linking him to the crime ever existed, and they rested their case on the dubious testimony of a supremely unreliable star witness, Robert Latour." Gilkenson's mother, Judy Gilkenson has maintained from the beginning that Thompson is innocent. "I still have sadness that a young man was killed, but have tears of joy that Ryan has something to look forward to," she said. "I only hope the real killer will be found." Enlarge Ryan Thompson was convicted of manslaughter in 2000. That conviction was reversed Wednesday. Web extra: read the court decision http://www.jud.state.ct.us/external/supapp/cases/AROap/69ap300.pdf TIMELINE April 18, 1998 Robert McCaffery, 17, is shot to death outside a Moosup apartment where a party is taking place. April 20, 1998 Ryan Thompson, 18, is arrested and charged with first-degree manslaughter. Two days later, the charge was changed tomurder. Jan. 27, 2000 After a four-week trial, Thompson is convicted of first-degree reckless manslaughter with a firearm. March 23, 2000 Judge SamuelSferrazza sentences Thompson to 25 years in prison. April 17, 2002 A three-judgeAppellate Court panel reverses the verdict and remands the case back to the Superior Court for a new trial. Home News Communities APB Classifieds cars.com Jobs Contact Us | Subscribe | Place an ad Copyright © 2002 Norwich Bulletin. All Rights Reserved. Use of this site indicates your agreement to the Terms of Service (updated 08/10/2001)