Elisha Anderson

Detroit Free Press

Second trial. Same result.

The jury that deliberated the case of a Detroit police officer charged in the death of 7-year-old Aiyana Stanley-Jones sent a note to the judge Friday saying it was hopelessly deadlocked.

Then, for the second time, Wayne County Circuit Judge Cynthia Gray Hathaway declared a mistrial in Officer Joseph Weekley's case.

"These things happen," she told the jurors after thanking them for their effort.

In the end, the group of 12 was split—almost down the middle— whether to acquit or convict Weekley on a misdemeanor charge of careless, reckless or negligent use of a firearm causing death. Aiyana was shot as police executed a search warrant for a murder suspect.

"This was an emotional case," the jury foreman told the media afterward. "There were tears in this room."

The jurors, who asked that their names not to be made public, stayed after the trial, some explaining what happened over four days of deliberations.

They said they listened to different opinions, took three votes and some jurors shifted sides, but jurors never agreed unanimously.

"This has not been an easy case," said the foreman, a pastor.

During the last vote, the panel was split 7 to 5, with seven voting not guilty and five saying Weekley was guilty of the charge.

On May 16, 2010, with a TV crew embedded with police to capture the scene outside the home on Lillibridge on Detroit's east side, Weekley and members of the Special Response Team, raided the home. Once inside, a round from Weekley's gun struck Aiyana in the head.

One of the elements of the charge is the discharge of the weapon must be a result of the defendant's carelessness, recklessness or negligence.

Some jurors felt Weekley, 38, shouldn't have allowed his gun to discharge because of his training as a member of the Special Response Team. Others didn't know what happened in the situation causing the gun to go off.

"It really came down to defining negligence," the foreman said.

Throughout the trial, Steve Fishman, Weekley's attorney, told jurors that Aiyana's grandmother, Mertilla Jones, had contact with Weekley's gun and it discharged. Jones, though, denied that.

After Hathaway announced the mistrial, Aiyana's mother, Dominika Stanley, stayed in the courtroom with her head in her hand and shook her head while holding a tissue.

Weekley released a statement shortly before the mistrial was declared.

"No matter the outcome of any jury's decision, I have already been devastated and my life has been ruined irreparably by the events that occurred on May 16, 2010. There has not been one single day that has gone by since that day where I have not thought about the loss of Aiyana and I will be haunted by this tragedy for the rest of my life," his statement said, in part.

It went on to say "I have nothing but sympathy for the family of Aiyana ... I know in my heart and before God that what transpired that day was out of my control, but I will still have terrible grief weigh upon me every day for the rest of my life."

Aiyana's great-uncle, Londell Fields, said after the hearing that he thinks Weekley should apologize and say he made a mistake.

"The justice system did not work in this case," he said. "I don't understand how we could go through this again and have all this evidence brought forth and there not be a verdict, either way."

Fields said it's sad it came down to this again, adding Dominika Stanley doesn't want to have to "go through this, take her family through this, anymore." Dominika Stanley declined to speak to reporters Friday.

Ron Scott, spokesman for the Detroit Coalition Against Police Brutality, a Detroit organization that for years has monitored police actions involving the public, said he thinks the case should be tried again.

"There's a little girl dead, and somebody pulled the trigger and there should be responsibility for that," he said.

Shortly after noon today the jury sent out a note reiterating what they said Wednesday: they couldn't reach a verdict.

"We have discussed this from every possible angle and are unable to come to a unanimous decision," the note said.

A short time later, Hathaway declared a mistrial in the case.

Larry Dubin, a University of Detroit Mercy law professor, said earlier this week that several things could happen now that a mistrial has been declared: Weekley may be retried for a third time, the prosecution could decide not to try the case again or a plea might be reached, which he said may be difficult at this point because the defense has been successful through both trials in avoiding any conviction.

"The decision regarding how the prosecution will proceed will be placed on the record at the next court date," Maria Miller, spokeswoman for the Wayne County Prosecutor's Office said in an email.

Hathaway set a new hearing date of Nov. 21 in the case and all parties are expected back in court at that time. Weekley remains on paid leave with the police department, a city official said.

"This case has now been before two juries, once on a felony charge and once on a misdemeanor charge, and neither of them have been able to reach a verdict," Fishman, said in an email. "In my opinion, twice is enough; the case should be dismissed."

Last week, Hathaway dismissed a felony charge of involuntary manslaughter against Weekley, citing a lack of evidence. The misdemeanor charge left carries a penalty of up to two years behind bars in jail on conviction.

Prosecutors accused Weekley of being negligent, careless and reckless in the execution of a search warrant. The defense said the shooting was a tragic accident.

Race, the jurors said, never played a role in deliberations. The multicultural jury was made up of eight women and four men, four of whom were African Americans. Weekley is white. Aiyana was black.

Weekley's first trial ended in a hung jury in June 2013. Hathaway declared a mistrial in that case after nearly three days of deliberations.

Contact Elisha Anderson: eanderson@freepress.com