Judge Lynn Leibovitz declared a mistrial on a single murder charge against Lamonte Perry Monday, after a jury cleared him of some charges and convicted him of one but deadlocked on the final count.
In court, the foreperson of the jury paused for a moment before telling Leibovitz that further deliberations could not help her fellow jurors decide whether Perry killed Andre Jackson.
Two jurors remained opposed a guilty verdict on the second-degree murder charge, the foreperson said.
Earlier Monday, jurors acquitted Perry of premeditated first-degree murder, possession of a firearm during a crime of violence and carrying a pistol outside of the home or business. He was convicted of obstruction of justice.
“I think they will be more effective the second time around,” Alan Smith, Jackson’s father, said of prosecutors after the verdict. “They put up a good fight.”
While the mistrial is a frustrating setback, Smith said he remains hopeful for the future trial.
Judge Leibovitz set a status hearing for Sept. 15, the same day the trial of Marquette Tibbs is scheduled to begin. Tibbs is also charged with first-degree murder in connection with Jackson’s death.
