Mistrial declared in Atwood case|Court report

Published 12:00 am Saturday, September 19, 2009

A mistrial was declared this week in Warren County Circuit Court in the felony malicious mischief case of a Warren County man.

David Atwood, 26, 750 Rollingwood Drive, was accused of causing damage to a tractor on March 1, 2004.

After deliberating for 2 1/2 hours, jurors reported they were unable to reach a verdict. Presiding Circuit Judge Isadore Patrick declared a mistrial.

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The case was prosecuted by Jim Getty and Stanley Alexander, both of the Mississippi Attorney General’s Office. Former Warren County District Attorney Gil Martin had recused himself from the case when the initial indictment against Atwood was issued by the October 2004 grand jury, said Atwood attorney Jerry Campbell, who, along with Thomas Setser, represented Atwood.

A decision on whether to retry the case will be made at a later date by the AG’s office. A spokesman there could not be reached for comment.

During the two-day trial that began Wednesday, Atwood testified in his own defense, denying that he caused the damage, Campbell said. Atwood’s grandmother also testified for the defense, Campbell said.

Prosecution witnesses included the owner of the tractor, an official from the state crime lab and the investigator from the Warren County Sheriff’s office.

The split vote by the jury was not announced in court. Campbell said a juror told him after the trial that the jury was split 10 to 2 for acquittal.

Also this week in Warren County Circuit Court:

• Jeffrey Luckett, 25, 110 Tower Drive, pleaded guilty to possession of a weapon after felony conviction and was sentenced by Circuit Judge Isadore Patrick to five years in prison plus $322.50 in court costs. Luckett was arrested May 29.

• Vanessa Lyons, 37, 125 Drake Road, pleaded guilty to possession of cocaine and was sentenced by Patrick to the Ninth District Court Drug Court Program for a period not to exceed five years, plus $1,822.50 in fines and costs. Lyons was arrested July 22, 2004.

• Linda Robinson, 28, 142 Elizabeth Circle, was found guilty of violating probation and was sentenced by Circuit Judge M. James Chaney to the Flowood Restitution Center to pay fines and costs totaling $1,090.25. Robinson was arrested Sept. 7, 2007, for felony shoplifting.

• Quintin D. Smith, 21, 143 Demby Drive, was found guilty of violating probation and was sentenced by Chaney to two years of house arrest followed by four years of probation, plus past-due fines and costs (unspecified). Smith was arrested Feb. 1, 2006, for receiving stolen property.

• Jeffrey Dean Usry Jr., 31, 445 Pemberton Drive, Pearl, was found guilty of violating probation and sentenced by Chaney to the Hinds County Restitution Center to pay $1,875 in past-due fines and costs, followed by three years of probation. Usry was arrested May 10, 2007, for credit card fraud.

• Ivory Williams, 47, 1027 1/2 Ryan St., pleaded guilty to aggravated assault and was sentenced by Patrick to four months in jail followed by four years of probation, plus $822.50 in costs. Williams was arrested May 15.