Jerald Thomas Fallon was charged with second-degree murder last year.

A jury convicted him of the lesser-included offense of voluntary manslaughter.

He appealed his conviction and argued the district court erred when it instructed the jury on voluntary manslaughter. He also contended the evidence was insufficient to sustain his conviction.

The Wyoming Supreme Court released documentation on Friday, September 9, that the case is concluded, stating: "We find no error in the district court’s decision. We further find the evidence was sufficient to support the jury’s guilty verdict on the lesser-included offense of voluntary manslaughter. We affirm on both issues raised by Mr. Fallon."

Fallon is sentenced to life in prison because he is a repeat offender.

According to the Wyoming Supreme Court, on February 29, 2020, Fallon was believed to be in a dating relationship with Kelly Black.

They attended a company party at the Hilton Garden Inn in Casper. K2News reported on the following incident in 2021:

Fallon and Black reportedly consumed "several alcoholic drinks" and "at one point the bartender attending to the office party stopped serving Ms. Black because 'she was drunk'."

At approximately 7:36 p.m. Fallon sent the following text to Fallon's daughter:

[Fallon at 7:36 p.m.]: I’m at my Christmas party and I’m sitting all by myself

[Black’s daughter at 7:37 p.m.]: Why??

[Fallon at 7:38 p.m.]: Kelly has spilled 2 drinks on our table and I have no idea where she is right now I’m sitting at our table all by myself

[Black’s daughter at 7:39 p.m.]: Is she like drunk-drunk? Try and find her and just tell her to come sit with you Or tell her it’s time to go

[Fallon at 7:39 p.m.]: And she will never do shots with me and I caught her 2 times tonight doing shots with other guys I’ve sat her down 2 times and she keeps taking off

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Surveillance shows Fallon and Black exited the Hilton and walked towards a Nissan Armada, but not that both persons got into the vehicle.

Other surveillance shows Fallon at Rack's Gentleman's Club around 8:00 p.m.

Around this same time, Black’s daughter called the Casper Public Safety Communication Center for a welfare check on Black.

Through a text message, Black’s daughter notified Fallon she called law enforcement. The following text message exchange occurred between Black’s daughter and Fallon from 8:11 p.m. to 8:23 p.m.:

[Black’s daughter at 8:11 p.m.]: I called the cops and they’re gonna send someone out to find [Black] and probably stick her in the drunk tank.

[ Fallon at 8:18 p.m.]: What? Are you serious

[Black’s daughter at 8:19 p.m.] Yeah cause it’s supposed to snow and I don’t want her to freeze or get hurt

[Fallon at 8:19 p.m.]: I’ll go back and find her

[Black’s daughter at 8:19 p.m.]: Well if you’ve been drinking then I don’t recommend you getting pulled over.

[Fallon at 8:20 p.m.]: I’ll take the risk

[Black’s daughter at 8:20 p.m.]: Be careful

[Fallon at 8:20 p.m.]: I will

[Black’s daughter at 8:21 p.m.]: Okay let me know if you find her

[Fallon at 8:23 p.m.]: Ok

Fallon reportedly left Rack’s Gentlemen’s Club at 8:21 p.m.

At 8:25 p.m., the traffic camera at the US 20-26 Bypass and Interstate 25 interchange captured a pedestrian, believed to be Black, walking on the east side of the interstate.

At 8:31 p.m. Fallon attempted to make several outgoing phone calls to Black’s daughter.

One call went through, and Fallon had a conversation with Black’s daughter that lasted approximately one minute and sixteen seconds.

Black’s daughter testified Fallon stated “I just hit your mom. I just hit your mom. You need to get here.” She stated Fallon “sounded very freaked out and serious.”

At 8:36 p.m. an eyewitness reported seeing Fallon drag a woman into the Nissan Armada--"shutting her legs in the door"--and drive away.

"The eyewitness testified Mr. Fallon left the vehicle and took off running when law enforcement arrived" according to the Wyoming Supreme Court documents.

At 8:42 p.m. Nicholas Moore, a Casper Police Officer discovered the Nissan and Black's body.

At 9:57 p.m. she was pronounced dead.

Thomas Bennett, a physician and forensic pathologist, performed an autopsy on Black.

He opined Black’s cause of death was “the blunt traumatic injuries, with the internal blood loss, exsanguination, due to being struck as a pedestrian by a motor vehicle.”

CONCLUSION

The State of Wyoming said:

"We find the record supports the minimal evidence necessary to instruct the jury on the lesser-included offense of voluntary manslaughter. We find no error in the district court’s decision. We further find the evidence was sufficient to support the jury’s guilty verdict on the lesser-included offense of voluntary manslaughter. We affirm on both issues raised by Mr. Fallon."

 

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