BIRMINGHAM, Ala. (AP) - A judge declared a mistrial Friday in the case of a man charged with capital murder in the death of an off-duty Birmingham police officer.
Jefferson County Circuit Judge Clyde Jones made the decision after jurors said they were hopelessly deadlocked in the trial of 41-year-old Patrick Johnson of Birmingham. The jury deliberated about six hours on Thursday and another 90 minutes Friday before declaring they were divided evenly six-to-six and couldn’t reach a verdict.
The judge set a new trial date for Johnson beginning Sept. 21, al.com reported (https://bit.ly/1K9FVNj). Johnson faces a potential death sentence if he’s convicted in the May 2014 death of officer Keary Hollis.
Hollis was off-duty when he was shot to death during a dispute outside a convenience store. Johnson testified he shot the off-duty officer in self-defense after Hollis pointed a gun at him. He said Hollis had backed over his motorcycle in the store parking lot and he was trying to get Hollis to deal with the issue.
Johnson said at one point he tried to reach into Hollis’ car and turn off the ignition to get him to stop. He said the off-duty officer cursed him and drew a gun.
The jury heard Johnson testify that he fired four or five shots into Hollis’ car. Johnson said he fled once he learned Hollis was a police officer and lied to investigators about his role because he was “terrified” of what Hollis’ fellow officers would do to him.
Tests later confirmed Hollis had a blood alcohol level above the legal limit when he was killed.
After ordering a new trial, the judge ordered prosecutors and defense attorneys not to discuss the case with reporters.
Johnson’s defense team included Tom Mesereau, a California attorney whose clients have included pop star Michael Jackson and actor Robert Blake.
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