NORFOLK — A mistrial was declared in a murder case this week after a juror experienced a medical emergency shortly after deliberations began.
The panel in Norfolk Circuit Court had only been deliberating for about a half-hour Wednesday when Judge Tasha Scott called lawyers for both sides into the courtroom and told them what had happened, defense attorney B. Thomas Reed said.
Reed said they were told the juror was going to the hospital, but it was not known Thursday what kind of emergency the juror had or what their condition was. The trial could have gone forward if both sides agreed to proceed with only 11 jurors, Reed said, but he and his client chose not to continue, so the judge declared a mistrial.
Emilio Rodriguez-Lopez, 22, is charged with second-degree murder and using a firearm to commit a felony in the September 2022 fatal shooting of Aaron Leach Jr. His trial began Monday and the case went to the jury on Wednesday.
“We respect the right of the accused to proceed with a jury of twelve or fewer than twelve and would defer to the accused’s preference,” Norfolk Commonwealth’s Attorney Ramin Fatehi said in response to the defense’s decision. “While a mistrial for a juror’s medical emergency is unusual and causes us great concern for the juror, it is not unprecedented. This is the second time that we have had a mistrial for this reason since 2012.”