Hastings jury says it's deadlocked; judge declares mistrial

A mistrial was declared for the second time after a jury was again unable to reach a verdict in the trial of an ex-Little Rock police officer who fatally shot a teenage suspect while on duty last year.

The jury in the trial of Josh Hastings returned to the courtroom shortly before 5 p.m. after two days of deliberations, telling Judge Wendell Griffen they were deadlocked and unable to reach a consensus.

Hastings, 27, was fired from the force and charged after the early morning shooting on Aug. 12, 2012 that killed 15-year-old Bobby Moore III.

Hastings didn't testify during the trial, but his attorney said Hastings opened fire as the vehicle driven by Moore came at him in the dark parking lot of a Little Rock apartment complex.

Prosecutors maintained the vehicle was stopped or moving backward when Hastings opened fire and that his decision to shoot amounted to "reckless" behavior.

Hastings had been dispatched to investigate a report Moore and two teens with him were breaking into vehicles on the lot.

The trial was the second for Hastings after a proceeding ended in June with a deadlocked jury.

The jury this time around began deliberations just before noon Wednesday, stopping about five-and-a-half hours later and picking up again before 10:30 a.m. Thursday.

Griffen scheduled a third trial for May 5-23.

Read tomorrow's Arkansas Democrat-Gazette for full details.

3 p.m. UPDATE:

The jury in the Josh Hastings manslaughter retrial has told a judge it is deadlocked, but the judge has asked the panel to continue deliberating.

The jury of seven women and five men came back in the courtroom shortly before 3 p.m. and told Judge Wendell Griffen they have been unable to agree on a verdict.

Griffen then read the group an instruction asking the members to continue for an additional "reasonable" amount of time to try and reach a unanimous verdict. That amount of time wasn't specified.

The jurors left the courtroom after the brief hearing, returning to the jury room for more discussions.

Hastings, 27, was fired from the force and charged after the early morning shooting on Aug. 12, 2012 that killed 15-year-old Bobby Moore III.

Hastings didn't testify during the trial, but his attorney said Hastings opened fire as the vehicle driven by Moore came at him in the dark parking lot of a Little Rock apartment complex.

Prosecutors maintained the vehicle was stopped or moving backward when Hastings opened fire and that his decision to shoot amounted to "reckless" behavior.

Hastings had been dispatched to investigate a report Moore and two teens with him were breaking into vehicles on the lot.

The trial is the second for Hastings after a first proceeding in June ended with a deadlocked jury.

The jury this time around began deliberations just before noon Wednesday, stopping about five-and-a-half hours later and picking up again before 10:30 a.m. Thursday.

EARLIER:

Jurors have resumed deliberating Thursday in the manslaughter retrial of Josh Hastings, the Little Rock police officer fired and charged after fatally shooting a teenage suspect last year.

The selection jury of seven women and five men took six days, but deliberations in the case began after only a day and a half of testimony and arguments.

The panel began deliberating just before noon Wednesday and continued for five-and-a-half hours before being sent home for the night.

The jury reentered in the courtroom about 10:20 a.m. Thursday and were sent back to the deliberation room after Judge Wendell Griffen questioned them to make sure they hadn't been subject to any outside influence during the break.

Activity from that point on has been relatively minimal outside the jury room. The panel twice sent notes to the judge. Once, they requested to listen again to an audio recording of the radio traffic from the shooting and later asked for a break. Both requests were granted.

Deliberations were ongoing at 2:20 p.m.

Hastings fatally shot 15-year-old Bobby Moore III in August 2012 after responding to a report of vehicle break-ins at a Little Rock apartment complex.

Hastings maintains the car Moore was driving was coming at him when he opened fire. Prosecutors say it was stopped or going backward and that Hastings' actions were reckless.

Hastings took the stand in his first trial, which ended in June with a hung jury, but the defense didn't call any witnesses the second time around.

After the trial ends, with either a verdict or another mistrial, Griffen is expected to address his decision to hold Hastings' attorney, Bill James, in contempt of court during the trial.

Griffin made the ruling after James sought at the bench and out of earshot of the jury to proffer testimony about evidence that had previously been ruled inadmissible.

On Wednesday, an attorney for James filed a motion for a hearing on the contempt order. The motion contends that case law prohibits what James did only within earshot of the jury.

"Nothing James did was in the hearing of the jury," attorney Jeff Rosenzweig wrote. "Moreover, James merely sought relief as necessary and appropriate to make the proper appellate record."

The evidence in question centered on the fact that a gun was found in the car Moore was driving and that the vehicle had been stolen.

The motion also asked Griffen to reveal "the sentence range the court is contemplating" so James can request a jury trial if desired.

James was held in contempt and fined $25,000 after Hastings' first trial for going into the criminal histories of two teens with Moore when he was shot despite being ordered not to do so, Griffen said then. An appeal is still pending.