A jury came one vote short of convicting Marqus Patton in the July 6, 2011, slaying of marijuana dealer Kristopher Winters.
But that juror wasn’t budging leading Douglas County District Judge Michael Coffey to declare a mistrial after nearly 14 hours of deliberations.
At 4:30 p.m. Wednesday – after 12 hours of deliberations – the jury informed Coffey that their vote was at 10-2.
Then at 10:30 a.m. today, the jury forewoman informed Coffey that one juror had changed but that the other had not.
Asked if any further deliberations would help, the jurors all answered: “No.”
Asked if Patton will be re-tried, prosecutor Matt Kuhse said: “At 11-1, you bet.”
Prosecutors have charged Patton with first-degree murder under a state law that holds accomplices accountable if someone dies during the commission of a robbery.
But Patton now moves to the back of the line, Kuhse said. Next up is the alleged gunman, Ryan Elseman, who is set for trial in September, then Nicholas Ely in early October. Patton’s case likely will be re-tried in late October.
The state’s case against the three is built largely on the testimony of two codefendants 15-year-old Emily Gusman and 22-year-old Drake Northrop.
Patton’s attorney, Douglas County Public Defender Tom Riley, had railed on their credibility and questioned their motivation for testifying. Gusman, who admitted she had done other robberies, wants to be transferred to juvenile court. Northrop wants an accessory charge.
However, prosecutors had pointed to a key piece of evidence that they said corroborated Northrop’s account that Patton was one of the robbers: A wound near his belly button.
Both Northrop and another young man who saw Patton later that day said Patton kept showing off the wound and saying he had been shot during the botched robbery.
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