DC Superior Court Judge Neal Kravitz declared a mistrial in a homicide case on May 4 after the jury could not reach a unanimous verdict on four out of the five counts.
Jaime Macedo, 25, is charged with first-degree felony murder while armed, attempt to commit robbery while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in the fatal shooting of 25-year-old Maxwell Emerson on The Catholic University of America campus, on the 600 block of Alumni Lane, NE on July 5, 2023. Emerson sustained a gunshot wound to his abdomen.
After approximately eight days of deliberations, the jury unanimously found Macedo guilty of unlawful possession of a firearm with a prior conviction.
Although the defense objected, Judge Kravitz declared a mistrial on the remaining counts because of the “unacceptable risk” of coercion if he instructed the jury to continue their deliberations. The jury sent Judge Kravitz a definitive note that they made “every reasonable effort possible” to reach a verdict.
“You have not failed in your mission in this case,” Judge Kravitz told the jury. He explained that the legal issues are complicated, especially in Macedo’s case, and the length of their deliberations reflected their effort.
More than a month prior, on March 24, parties presented opening statements. Throughout the trial, the prosecution attempted to prove Macedo shot and killed Emerson during an attempted robbery. Macedo’s attorneys, Rachel Cicurel and Jessica Willis, argued the incident was an accident that “haunted” their client.
Judge Kravitz speculated that jurors disagreed on whether the evidence proved there was an attempted robbery. At the request of the defense, Judge Kravitz inquired whether the jury could reach a unanimous verdict as to the lesser-included offenses of second-degree murder or involuntary manslaughter while armed. The jury responded that they could not reach a verdict on any of the three homicide counts.
After Judge Kravitz dismissed the jurors, Willis noted her intent to file a motion for Macedo’s release. Cicurel, who is leaving the Public Defender Service (PDS) for the District of Columbia, will not be present for the next hearing.
The parties scheduled a status hearing for May 29.
