Judge Grants Defense Motion For Mistrial 

By Alesar Harfoush [former] - March 28, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A mistrial was declared after a jury failed  to reach a unanimous decision on two of seven charges in a murder case on March 27.

Jean Kearney, 35, is charged in connection to the murder of Dontra Harris, 33, and assault on a law enforcement officer. Kearney has seven charges against him, including first-degree murder while armed, assault on a police officer while armed, unlawful possession of a firearm with a prior conviction, two counts of possession of a firearm during a crime of violence, possession of a large capacity feeding device and obstruction of justice.

On March 24, the jury delivered a partial verdict finding  Kearney guilty of five of the seven charges against him, including possession of a firearm with a prior conviction, possession of a large capacity ammunition feeding device, obstructing of justice, assault on a police officer while armed and possession of a firearm during the commission of a crime of violence.

However, during the latest deliberations the jury sent multiple notes that they were unable to reach a unanimous decision on the first-degree murder while armed and a count for possession of a firearm during a crime of violence charges.

Defense attorney Michael Madden continued to push for a mistrial every time the court received a note from the jury. After many tries his request was finally granted by DC Superior Court Judge Raffinan Maribeth. 

Judge Raffinan stated that the jury’s verdict on the other charges would stand even though she declared a mistrial for the murder and possession charges.  

Harris was murdered on April 4, 2021, on the 1800 block of 24th Street, NE. The defendant then assaulted a Metropolitan Police Department officer on May 13, 2021, as others were trying to serve a search warrant at his residence, according to court documents. 

A status hearing is scheduled for April 7.