In a surprise move, one of two guilty verdicts handed down on Nov. 15 by a jury in a Sunflower County murder trial has been overturned by the judge.
In documents filed in Sunflower County Circuit Court on Monday, Judge Carol White-Richard issued an order, sua sponte, which means of her own accord, to set aside the guilty verdict handed down to defendant Damion Ross.
On August 9, Ross and Garrick Price were indicted as co-defendants by a Sunflower County grand jury in the April 17, 2017 shooting death of Aaron Beamon and the wounding of Savantae Pernell and Zachary Lee who were passengers in a car with Beamon.
They were charged with first-degree murder enhanced by firearm, attempted first-degree murder and attempted first-degree murder enhanced by firearm. Although both entered a plea of not guilty, they were found guilty by the jury.
Ross and his attorney had filed a motion to sever the trial, but White-Richard denied the motion prior to the trial and at the onset of the proceedings.
The filed order that was dated for Dec. 16, granting a new trial, stated that after having considered the law and the evidence presented during the trial, she found that the overwhelming weight of the evidence went toward the guilt of Price rather than both defendants and as a result is now granting Ross's motion to sever.
Additionally, the order states that the evidence during the trial was not sufficient enough to warrant a guilty verdict against Ross. So, the guilty verdict for Ross has been set aside and a new trial ordered.
White-Richard said in the order, “After reviewing and considering all of the testimony and evidence that came out during the trial as a whole, this court finds that it should have granted the motion to sever and its denial was erroneous.”
Indianola Chief Edrick Hall said, “The recent decision by the judge on its own motion to grant a new trial was disheartening and reopens the wounds of the victims and their families.”
Hall further stated, “I respect our criminal judicial system and the jurors that took time to hear the evidence and rendered a verdict and I am confident that justice, while delayed, will come to the victims and the victim’s family of Mr. Aaron Beamon.”
Hall also expressed his appreciation for the way law enforcement and other state offices handled their part.
“I am proud of my department and the DA’s office for a job well done. Although a new trial has been granted the State will still continue to fight for justice and for all victims.”
Sentencing for Price was set for late Wednesday morning, but the results of that sentencing were not available at press time.
The E-T learned about the judge’s decision from the murder victim’s family, and after confirming the order, The E-T was not able to reach the family again for comment prior to press time.
