Judge Denies Mistrial in Homicide Case After Juror Flap

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DC Superior Court Judge Rainey Brandt denied a request for mistrial after a juror sent a “bizarre” email to chambers and worried other jurors with his behavior on March 31. 

Demonte Gibson, 27, and Asani Forte, 27, are charged with first-degree premeditated murder while armed, conspiracy, assault with intent to kill while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and destruction of property for their alleged involvement in the murder of 34-year-old Delonte King on Nov. 3, 2021, on the 2800 block of 14th Street, NW. Gibson is additionally charged with unlawful possession of a firearm with a prior conviction.

The eighth day of a homicide trial began with Judge Brandt separately consulting each juror about the behavior of one, whom she ended up striking from the panel. The removed juror had sent an unsettling email to Brandt’s chambers late Sunday night, saying that some of the witnesses had been doing things to him.

All parties and Brandt agreed that this was a significant concern, and both sets of defense counsels moved to declare a mistrial after learning the juror talked about his feelings with other jurors. 

Brandt denied the request for mistrial, emphasizing that there was no indication that the jury had been tainted by his actions. The trial proceeded as scheduled. 

The prosecution called a crime scene analyst who showed a PowerPoint on the build, function, and operation of a semi-automatic pistol for his testimony. He walked the jury through how he identifies bullets that come from the same pistol, drawing the conclusion that 17 of the 21 cartridges found on the scene were from the same firearm.

The trial is scheduled to continue on April 1.