Found not guilty, murder defendant wins only a mistrial after jury is polled
Charged with fatally shooting a neighbor, in front of the man’s family, it appeared that Eric Lydell Smith had been acquitted by a Georgia jury this week.
Prosecutors in the Clayton County asked that the jurors be polled, and the first 11 responses agreed with the verdict that Eric Lydell Smith was not guilty on all nine counts, including felony murder and malice murder charges.
“Is this your verdict?” Chief Superior Court Judge Albert Collier asked the 12th.
“No, your honor,” she replied.
Collier considered replacing the juror with an alternate and resuming deliberations, but decided he had to declare a mistrial, WSB reports.
Now prosecutors must decide whether to retry Smith or try to reach a plea bargain.
An earlier WSB story provides more details about the case.
