A Florida judge has granted the defense team’s plea in the Home Depot murder case because of an “immovable jury.”
After more than five hours of deliberations earlier this week, an Escambia County judge granted a mistrial for Shelia Agee, who is accused of killing the mother of her son at a Pensacola Home Depot store last year. Helped to do.
“One particular juror did not treat the matter with the seriousness that he should have during the evidence, which apparently continued throughout the argument,” Judge Coleman Robinson said. told WKRG.
The problems reportedly began when Judge Sally Sue Smith was caught with a crossword puzzle during testimony. WEAR News 3.
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On Tuesday, Smith was found working on a crossword puzzle during witness testimony. The next day, she was found using another crossword puzzle during meditation.
Smith told WEAR News that the puzzle “helped her focus” and denied any threatening behavior in the jury room.
“It was me,” Smith told WEAR News. “Well, I didn’t know that was a bad thing. I do it when I’m concentrating and I’m listening. You couldn’t see the bench or the witness stand very well because it was dark. But I I could hear it. I had no idea and then I stopped when I went into the jury room. Another crossword puzzle “
Later, other jurors also expressed concerns about their safety during discussions with Judge Robinson.
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“It’s just a piece of paper with a crossword puzzle printed on one side and not sure what’s on the other side,” Robinson said. “…I can never recall a juror doing a crossword puzzle during a trial.”
Judge Robinson later questioned each juror, calling them in one by one, and asking if they felt it was safe to continue after security concerns arose.
About 20 witnesses took the stand, and it took less than two days for prosecutors to build their case against Agee. However, due to jury problems, the trial was “impeded beyond repair.”
Smith did not say what made him decide on the decision, but denied any threatening behavior to WEAR News.
“We retired to the jury room and began to deliberate,” Smith said. “It was immediately apparent to me that I was in the minority of 11 other people to one… At first it seemed reasonable. A lot of yelling, and I might as well scream.”
“I’m loud, but I had a lot of people yelling at me,” Smith added.
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Agee, 51, was charged with first-degree premeditated murder by the principal after police discovered text messages allegedly from the mother of his son’s child, 18-year-old Brooklyn Sims, who is Sheila’s partner. She was also an activist, helping to plan the shooting death. .
Her son, Keith Agee, 20, was arrested by the Escambia County Sheriff’s Office on August 11, 2023, in connection with the fatal shooting of Sims.
“According to the text messages, it is clear that Keith Agee’s mother, Sheila Agee, knew of and participated in the plan to kill Brooklyn Sims. Additionally, the text messages between mother and son helped locate the victim. highlights the mother’s involvement in making,” ECSO wrote earlier. On Facebook
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The department released the alleged text messages between mother and son on its Facebook page, claiming they happened before Sims. shot dead.
“The murder itself is unbelievable, but knowing the mother knew about it and helped piece it together,” Sheriff Chip Simmons said earlier via Facebook.
The case is expected to return to court on February 5.
“Another jury will have to come back and hear the evidence before another jury where hopefully those particular members will follow common sense, follow the law, treat their fellow jurors with courtesy and fairness. And will reach a decision, whatever it is, that is fair and just to both parties,” Robinson said.
Fox News Digital’s Elizabeth Pritchett contributed to this report.