Dunn’s retrial in Dirksmeyer death ends in hung jury

CLARKSVILLE — For the second time in nine months, the capital-murder case against Gary Dunn has ended in a mistrial.

The jury deadlocked 8-4 late Friday after deliberating all day and part of Thursday afternoon.

Dunn’s first trial also ended in an 8-4 split, with eight jurors in favor of acquittal.

It was impossible to know Friday night which way the majority of the jurors was leaning because Circuit Judge Bill Pearson ordered reporters not to contact jurors until Monday.

After the verdict was announced, bailiffs escorted members of the jury out of the Johnson County Courthouse.

Dunn, 31, accused of killing Arkansas Tech University student Nona Dirksmeyer on Dec. 15, 2005, showed little emotion until his tearful mother talked to him, and he then appeared to struggle to maintain his composure.

Martha Dunn is being treated for a recurrence of cancer. Her son has been in jail since August 2008 and will remain so, given prosecutors’ announcement Friday night that they plan to try Dunn for a third time.

Because of his right to a speedy trial, they must do so within nine months.

Unless the prosecutors change their minds, that would be the fourth trial in Dirksmeyer’s murder.

Her boyfriend, Kevin Jones, was acquitted of first degree murder in the case in 2007 and cannot be retried. Jones and Dirksmeyer were high-school sweethearts who continued to date until Dirksmeyer’s death.

Dirksmeyer, 19, was known for her musical talent, especially her singing. She had competed in the Miss Arkansas Pageant in 2005 as Miss Petit Jean Valley.

For the Dunns, the mistrial was a crushing disappointment.

The same was true for families supporting Dirksmeyer’s mother, Carol Dipert.

Dipert had left the courtroom earlier, but Jones’ mother, Janice Jones, stayed until the end. Members of the two families sat next to one another during closing arguments Thursday, presenting a united front.

Family members couldn’t comment about the trial’s outcome. Many are witnesses and, like attorneys, are under a gag order.

Before the mistrial was declared, the Dunns had appeared optimistic. And once jury deliberations were under way, Gary Dunn appeared at ease for the first time since his trial began Jan. 11.

He chatted with his family and accepted a slice of peanut butter pie that his stepfather gave him. When he was asked how it tasted, Dunn grinned and rubbed his stomach.

The mood quickly changed after Pearson declared a mistrial at 8 p.m.

After speaking briefly with his family, Dunn shook hands with members of his defense team before heading back to jail.

“We’ll be in touch,” the attorneys said.