Jury asks judge about missing instruction on murder charge for Chad Daybell

UPATE: The jury has returned a verdict in the Chad Daybell triple murder trial. The court will convene at 2 p.m. to read the verdict.

BOISE — There was some confusion the Ada County Courthouse this morning when the jury in the murder trial of Chad Daybell noticed critical instructions were missing. "Despite best efforts to give you all the necessary instructions, in fact you were not provided an instruction as you've requested and should have been," Judge Steven Boyce said. The missing instruction was part of the first-degree murder charge of Chad Daybell's late wife, Tammy Daybell. "And that is an instruction relating to the elements as they relate to count 6 of the amended indictment," Boyce said. The new instructions were given to the jury as follows: "Jury instruction 42 reads as follows: in order for the defendant to be guilty of first-degree murder, as alleged in count six of the amended indictment the state must prove each of the following: 1- on Oct. 18 -19, 2019 2- in the state of Idaho 3- the defendant Chad Guy Daybell engaged in conduct or did aid, abet, advise or procure another to engage in conduct which caused the death of Tamara Tammy Daybell 4- with malice aforethought 5-the murder was a willful and premeditated killing" Both the prosecution and the defense had to approve the new instructions and the jury was sent back to continue its deliberations.

Contributing: Lauren Steinbrecher

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