- Associated Press - Wednesday, August 5, 2015

WHEELING, W.Va. (AP) - An Ohio County judge declared a mistrial in an attempted murder case after six prospective jurors didn’t show up for jury selection.

Media outlets report that Circuit Judge David Sims declared the mistrial on Tuesday because the jury pool didn’t have enough people to hear the case.

Sims said he will summons the six no-shows into court to explain their absences. They could be fined up to $1,000 each and ordered to pay the $40-per-day cost of prospective jurors who were sent home.

The judge said the no-shows’ names will be put back into the jury pool for future service.

A new trial date hasn’t been for 26-year-old Kevin Alexander O’Brien of Wheeling. O’Brien is accused of breaking his girlfriend’s neck.


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