After more than five days of deliberation, Coconino County Judge Dan Slayton declared a mistrial in the case May 2. Earlier in the day, jurors asked Slayton what they were to do if they could not come to a consensus on a verdict for any charge.
After Slayton issued new juror instructions, the judge met with prosecuting attorneys Ammon Barker and Bryan Shea and defense attorneys Burges McCowan and Joshua Davidson in chambers for more than 2.5 hours in the afternoon of May 2.
Court went back on the record just after 4 p.m. when the jury was brought back into the court room. The jury foreperson informed the court they had not reached a verdict and informed the judge that no further deliberation or instruction would lead them closer to a unanimous verdict.
Slayton then made the call to declare the case a mistrial due to the hung jury. He released the jury and thanked them for their committed service during the course of the trial. Slayton thanked the jury for their committed service during the course of the trial.
"Please don't feel badly," said Slayton to the jurors. "You didn't fail."
After the trial was over, Slayton briefly addressed the media surrounding the courthouse. He said that the jurors did not want to speak to the media and had no comment to add himself.
Coconino County prosecutor Ammon Barker had no comment to add after the mistrial was announced.
McCowan said he was confident a verdict would be reached when the case was heard again.
By law, the state has 60 days to restart the trial and pursue the same charges of first degree murder and aggravated assault. However, a brand new jury will have to be selected and different witnesses may be selected. Slayton set the date of August 1 for jury selection in the retrial to begin.
A status check hearing is scheduled for June, though no official date has been set. While these dates are to be set by Slayton, they are subject to change depending on how events unfold from today forward.