Judge declares mistrial after man’s third trial in North Las Vegas murder case
A 47-year-old man is set for a fourth trial in the slaying of his godfather after a judge declared a mistrial on Wednesday.
The previous day, Billy Ray James was found guilty of first-degree murder in the death of Willie Henderson, 60.
But after the verdict was read, jurors met with a prosecutor and defense lawyers and indicated that they had reviewed evidence that they were not supposed to have seen.
“No matter how well-intentioned they might have been,” District Judge Valerie Adair said, “that is a bell that cannot be unrung.”
Adair scheduled a new trial for June.
The jury of eight women and four men also had convicted James of possession of a firearm by an ex-felon but acquitted him of one count of burglary that stemmed from the Jan. 22, 2010, North Las Vegas killing.
In November, a different jury was deadlocked 11-to-1 in favor of acquittal.
James was first convicted of first-degree murder in 2012, but that verdict was reversed after the Nevada Supreme Court determined that detectives questioned James after he asked for a lawyer and invoked his right to remain silent.
Prior to the third trial, prosecutors offered a deal to James, who has been in the Clark County Detention Center since his February 2010 arrest: Plead guilty to voluntary manslaughter and serve five to 12½ years in prison. He declined.
James has said he acted in self-defense after Henderson pointed a gun at him during a struggle.
Prosecutors have argued the death was premeditated murder. They said crime scene photos show no signs of a struggle, and security camera video shows James kicking in the back door of Henderson’s home and leaving without seeking help.
Henderson, who was legally blind and walked with a cane, was shot in the back of the head.
Defense lawyer Jonathan MacArthur said one of the jurors this week reviewed James’ statement to police and called it a “tipping point” in determining whether he acted in self-defense. A clerk had inadvertently sent the statement with other evidence into the jury deliberation room.
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