Judge declares mistrial

November 18, 2008 11:04 am

— Danie M. Huffman
wdreporter2@yahoo.com
As jurors deliberated for hours Friday and reconvened Monday for nearly seven additional hours, the presiding juror sent numerous notes back to the judge.
After a second attempt and claiming they could not unanimously reach a verdict, Judge Don Chrestman ruled the White proceedings as a mistrial.
Thomas Cassidy White was charged with aggravated assault against a peace officer last June when Parker County Sheriff’s Investigator Rick Crosley came to his property to question his son, Tommy Joe White, about a stolen vehicle.
Gunfire was exchanged during the incident where White’s attorney, Jim Shaw, states his client demanded Crosley leave his property and stated he was criminally trespassing on White’s property.
The District Attorney’s Office argues Crosley was in the course of his duties conducting an investigation and had the right to be on the premises.
Prosecutors and White’s defense lawyer disagree as to who fired the first round.
Over the course of the week-long trial, numerous witnesses took the stand.
After jurors deliberated for hours, they asked for the 9-1-1 recordings placed by both Crosley and White, crime scene photos and an interview of White by Investigator Sammy Slatten.
White claims he never had a weapon, although an SKS assault rifle and a .9mm handgun were seized from the trunk of a Cadillac on the property after the shooting.
Assistant District Attorney Jeff Swain said a bullet fragment matching the SKS that shattered Crosley’s truck window during the incident and was found in the back seat.
At 1:40 p.m. Monday, jurors sent the first note back to the judge with their decision on not being able to reach a verdict. The court returned the note with a “dynamite” or Allen charge, where the judge requested jurors continue to deliberate until they could reach a decision without violating their “good conscience.”
Upon hearing the news, White stumbled on the courthouse steps. He denied medical attention. Family members said the stress from the trial had gotten to White and he had a bad heart.
After a second note and the same return request from Chrestman, jurors returned for a final time around 3 p.m. unable to reach a verdict.
Court officials said the jury was deadlocked by one vote.
Shaw requested an inquiry of the jury’s finding, saying he wanted to know if they reached a verdict on any of the state’s charges against White.
Chrestman denied his request and stood firm with his mistrial decision.
White’s wife began to sob as the proceedings ended.
Crosley left the courthouse and declined comments.
White stood in the halls of the District Courts Building and hugged his family.
“That man come out there to kill my son,” White said. “He should have had a police car. He came out there and just started shooting. He said I shot first. I didn’t have a gun.”
White’s wife, Velvea White, said there should have never been a trial to begin with.
“Just because they wear a badge doesn’t give them the right to come onto someone’s property and intimidate their family,” she said.
Throughout the trial, Shaw labeled Crosley as a “hotshot.”
Swain attests that Crosley was only doing his job when White opened fire at him.
Shaw said he did not wish for a mistrial.
“The jury thought [White] needed help and the police officer needed guidance along the way,” Shaw said. “Basically, the jury agreed the police officer was trespassing.”
About retrying the case, Shaw said, “Common sense tells them not to pursue something they’ve already lost. [It was] trespassing in the eyes of the law.”
He added he will be representing White in the event of a retrial.
Swain said his office would evaluate where they stand about White’s charges.
“We hoped for a guilty verdict,” he said. “But we respect their efforts.”
He added their options are to make a plea or retry.
“We’re not considering dismissing the case,” Swain said. “It’s a very serious charge we’re dealing with. There are always uncertainties in every trial. Now we’ll move on to the docket tomorrow.”
White walked out of the court house and was able to return to his home with an ankle GPS monitor. Shaw said he will try to have the monitor removed.
Parker County Sheriff Larry Fowler said he will work with prosecutors concerning the charges against White.
“We’ll be in discussions with the DA’s office about retrying the case,” he said.

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