The jury that convicted Shaundarius Reeder of first-degree murder in under two hours was unable to decide if it should grant him mercy after about 12 hours of deliberations over two days.
First-degree murder is punishable by life in prison, but the jury can recommend mercy, which means Reeder would be eligible for, but not necessarily receive, parole in 15 years.
After informing Judge Susan Tucker of their inability to reach a decision, she brought the jurors into the courtroom, thanked them for their service and dismissed them.
What’s next? That’s a good question and one that will go to the state supreme court in the form of a certified question. There is no state law offering guidelines for when a jury hangs in the mercy phase, Tucker said.
Tucker did not declare a mistrial to leave the case as open as possible. Prosecutor Perri DeChristopher, who suggested sending the issue to the supreme court, said she was worried a mistrial would create a finality in the situation.
“And honestly, I think that the supreme court needs to be involved in this. Really I do, because what good does it do to go to all this trouble and not have a resolution and not know how to proceed,” Tucker said.
Reeder’s attorney William Summers said he thought sending the question to the supreme court was appropriate and both sides deserve to know what happens when a jury hangs on the mercy phase.
Reeder and his co-defendant Terrell Linear have both been convicted for the Feb. 28, 2020, murder of West Virginia University student Eric Smith. Linear pleaded guilty and Reeder was convicted last week.
