Swedish Hip-Hop Artist's Appeal Rejected in Hollywood Murder Case

An appeals court panel Monday upheld a Swedish hip-hop artist's murder conviction in the November 2008 death of a pedestrian who was kicked in the head after pounding on the musician's rented SUV in a Hollywood crosswalk.

The three-justice panel from California's 2nd District Court of Appeal rejected David Moses Jassy's claims that there was insufficient evidence to support his conviction for second-degree murder and that his 15-year-to-life sentence constituted cruel and unusual punishment.

Jassy was convicted in February 2010 of second-degree murder, assault by means likely to produce great bodily injury and aggravated battery for the Nov. 23, 2008, confrontation with John Osnes.

Osnes was crossing the street at Schrader Boulevard and Selma Avenue when he used his hands to strike Jassy's hood because the defendant's vehicle extended into the crosswalk. Jassy then got out of the SUV to confront him.

"Here, five witnesses in addition to [an off-duty police officer] saw the confrontation and testified Jassy punched Osnes in the face, causing him to lose his balance. Then, when Osnes was in a squatting position attempting to regain his balance, Jassy kicked his head 'like a punter kicking a football,' " the appellate court panel's 35-page ruling says.

"The jury could reasonably infer from the punch and the brutality of the kick, occurring at full force to the head while Osnes was in a defenseless squatting position on the pavement, that Jassy appreciated the risk of his conduct and acted with conscious disregard for human life," the justices added.

Jassy told jurors that he got out of the SUV because he wanted to see what had happened to the rented vehicle and said he thought it was "going to be an argument, not a fight."     

"Did you want to fight this man?" defense attorney Alec Rose asked.

"No," Jassy responded.

"Did you want to hurt him?" the defense attorney asked.

"No," Jassy again responded.

"Did you want this to happen?" Rose asked, showing a photo of the victim's battered face.

"No, and I really want the family to understand that," the musician testified.

Wiping tears from his eyes, Jassy said he didn't know Osnes had died until he was talking the next day with police, and told jurors he began crying upon learning the news.

In sentencing Jassy in March 2010, Los Angeles Superior Court Judge Michael Johnson said Jassy "was the aggressor at all times on the night John Osnes was killed."

—City News Service