Jury in Jason Meade unable to reach verdict after earlier mistrial

The jury in the murder trial of a former Franklin County Sheriff's deputy Jason Meade indicated Friday afternoon they were unable to reach a verdict, but were ordered by the judge to continue trying to deliberate toward a verdict.

Less than 10 minutes later, the jury repeated to the judge they were unable to reach a verdict, resulting in a mistrial being declared for the second time on Friday.

Around 1:45 p.m. Friday, Judge David Young told the jury to continue deliberating with what is commonly called a Howard charge, jury instructions telling the jurors to resume deliberations and try to reach a unanimous decision. At 1:55 p.m. Friday, the jury indicated they were still unable to reach a decision.

About two hours earlier, Young had declared a mistrial, but then minutes later came back into the courtroom and set that mistrial decision aside.

Young said the jury would continue deliberating after saying he had received a question from jurors indicating they had a verdict on one count of not guilty and a verdict of guilty on another.

“Can we return a verdict of yes, the state proved their case and yes it was justified for one count, not guilty, and a verdict of yes, the state proved their case and no it was not justified guilty for another count?” Young read.

Young set aside the mistrial, said he was responding to the jury telling them that justification would apply to all counts if they found it on one count, and deliberations were to resume, setting aside the mistrial he had declared minutes earlier.

This comes after jurors asked several questions indicating they were having a difficult time with deliberations.

Deliberations have restarted three times after jurors were dismissed and alternates were subbed in for unknown reasons, the latest on Friday morning.

Jurors in the case have now on three separate occasions had to restart deliberations after the judge seated alternates on the jury panel for undisclosed reasons. The panel now consists of nine women and three men. There are no more alternates available to substitute onto the panel.

Law professor: setting aside a mistrial unprecedented

“I have never seen that happen. I have never heard of that happening and I couldn’t find any cases researching where it has happened,” Robert Barnhart, a Capital University Law School assistant professor, told The Dispatch of a judge setting aside a mistrial.

Barnhart said this is especially unusual because this jury has only been deliberating for a few hours and it appears that the attorneys were surprised by the judge’s decision to declare a mistrial.

Judges are supposed to consult with both sides and consider alternatives before declaring a mistrial, Barnhart said.

What charges does former deputy Jason Meade face?

The jury is considering whether to convict Meade of two counts of murder and one count of reckless homicide in the Dec. 4, 2020, shooting death of 23-year-old Casey Goodson Jr.

Should another juror have to stop deliberations, the case would be declared a mistrial because there would not be a full 12-member jury panel.

Just after 3 p.m. Thursday, Franklin County Common Pleas Court Judge David Young brought the jury back into the courtroom after deliberations had gone on for about six hours. He told the jury they would need to "start anew" in their deliberations.

A similar event took place Wednesday afternoon as the jury broke for the day. After about three hours of deliberations, Young brought the jury into the courtroom and told the panel of 12 that they would need to start fresh when they reconvened Thursday morning.

Four alternates were seated with the jury panel at the beginning of the trial. Three of those alternates have substituted in thus far, meaning there is only one alternate remaining. The alternates heard all of the evidence presented in the case, but are not allowed to sit with the jury during deliberations.

Meade fired six shots that struck Goodson — five in the back — in an encounter outside a North Linden home where Goodson resided with his grandmother and others. Meade, who was a member of a federal fugitive task force that had been working on an unrelated matter in the area, said that Meade pointed a gun at him as the two drove past each other.

The prosecution said during the trial that Goodson likely didn't hear Meade because he was wearing earbuds. He was also carrying a sandwich in one hand while he used the other to open a side entry door to his grandmother's home. While he was armed, and a gun was found on the floor, he was legally licensed to carry the weapon, and it had its safety on, prosecutors said.

What happens if and when there's a verdict in the case?

If the jury reaches a verdict, Young will read it in open court.

Should the jurors not be able to reach a unanimous decision, Young could give them what is known as a Howard charge, essentially jury instructions asking them to continue deliberating in hopes of reaching a verdict.

If, after a Howard charge, the jury still can not reach a verdict, Young will have to declare a mistrial, at which point prosecutors would have to determine whether to retry Meade or dismiss the case.

When former Columbus police officer Andrew Mitchell was on trial for murder and voluntary manslaughter in April 2022, the jury was unable to reach a verdict and a mistrial was declared. Prosecutors in that case sought to retry Mitchell, with a second trial taking place in April 2023. The jury in the second trial found Mitchell not guilty of all charges.

Here's what happened Thursday in the Jason Meade trial

• Jurors began deliberations around 9 a.m. Thursday, starting over after an alternate juror had to be substituted in late Wednesday.

• Over the course of about two hours, jurors asked a series of questions of Young. Those questions included a hypothetical about whether the jury could return a verdict on one charge and be hung on another, and whether justification would apply to just one charge or all of the charges. Young told the jury in his response to the latter that if they found Meade's attorneys had proved justification it would apply to all of the counts.

• Shortly before 3 p.m. Thursday, the jury was told they needed to start deliberating from scratch as another alternate juror was substituted into the panel for an unknown reason.

Here's what happened Wednesday in the Jason Meade trial

• Jurors began deliberating the evidence in the case at about 1:25 p.m.

• One male juror was dismissed after three hours and 10 minutes of deliberations. He was replaced by a male alternate juror. The makeup of the jury remains eight women and four men, but deliberations will need to start over when jurors resume Thursday.

• Prosecution and defense attorneys made their final pitches to the jury in their closing arguments. Over two hours, special prosecutors Gary Shroyer and Tim Merkle laid out evidence that they said showed that Meade was an "overaggressive, arrogant officer" who acted unreasonably in shooting Goodson.

• Meade's defense told jurors the shooting was justified. Mark Collins said Meade acted appropriately given the circumstances, saying Meade faced "every officer's nightmare" and that no verdict in the case would bring Goodson back.

• Jurors asked the judge two questions after they began deliberations. First, they asked for copies of reports from each side's expert witnesses and Meade's statement. The second was for a readout of a portion of Meade's testimony. In both instances, the judge told jurors that they had all the evidence they were going to get in the case.

Are there protests planned over Jason Meade verdict?

Columbus police and the Franklin County Sheriff's office are taking precautions in the event there are protests after a verdict is reached.

Police have asked that officers who typically work in plainclothes assignments or undercover to have their uniforms available and body cameras charged in the event of protests.

The Franklin County Sheriff's Office has a heightened presence at county Common Pleas Court after a bag was found in the lobby area. The bag was eventually determined to be non-suspicious after a sweep of the area by deputies.

During the trial, there have not been many protests in or around the courthouse. On several days, a small group of people held signs outside while the trial was in session.

What did prosecutors say in Jason Meade rebuttal closing arguments?

As in all criminal trials, the special prosecutors in Meade's trial have the opportunity to provide a rebuttal argument after the defense gives its closing.

"The evidence has shown the defendant was overly aggressive," special prosecutor Gary Shroyer said, adding that Meade used "excuses covering up his unjustified shooting of Casey."

Shroyer focused his rebuttal on details in Meade's statement that he said the former deputy crafted after the fact with the benefit of having been at the scene.

"You have to ask yourself, did it really happen," Shroyer said. "Has he embellished the story? I suggest to you he has after the fact."

Shroyer said Meade wasn't being truthful about small details, which the jury should use to infer that Meade is being untruthful about other things.

"Why does he want you to believe (Goodson) is running?" Shroyer said. "The same guy who's taking off used his turn signal to turn onto Estates Place while being followed by a guy he pointed a gun at."

Shroyer said Meade had not acted as a well-trained police officer would have after seeing a person waving a gun, as Meade testified he saw Goodson doing.

"He did abandon his reasonableness, and he did resort, in his words, to hunting tactics," Shroyer said.

Shroyer said Meade's expert witness on police use of force, former Akron police officer Kevin Davis, was only brought in to testify that he believed Meade's statement.

"Davis is a police officer. He testifies for police officers; that's the entire thing that he does," Shroyer said.

Shroyer said instead of creating more time or taking cover from Goodson's "extreme threat," Meade "closes the gap with an assault rifle, increases his risk and he escalates the threat."

Meade "was not acting as a police officer. He was acting for some other reason," he said.

Shroyer said the members of the jury are the only ones who have to decide whether Meade was justified or not.

"The only stories he can change are if there's no witness. Or if there's a video," Shroyer said. "He panics, he begins to cover up ... he held up the ambulance.

"Throughout his unreasonable pursuit and hunt, Casey never said one word to him," Shroyer said. "Casey didn't speak one word. He never yelled anything or said anything. He never heard him."

Shroyer said it's not justification, it's murder.

What did Jason Meade's defense team say in its closing arguments?

Mark Collins, Meade's lead defense attorney, said the assertion of special prosecutor Tim Merkle that Meade was engaged in a "cover-up" is ridiculous.

"If it's a cover-up, he must have started it at the intersection," Collins said. "That's how preposterous their case is. That's how desperate they are."

Collins said the evidence in the case is consistent with Meade's written statement that he gave two weeks after the shooting and that prosecutors focused on a single inconsistency in the 10-page document.

"That's their big 'Perry Mason' moment," Collins said, referring to the TV series that ran from 1957-1966. "There's one inconsistency."

Collins also said prosecutors were playing on jurors' emotions by playing the 911 call made by Sharon Payne, Goodson's grandmother, after the shooting.

"Their whole closing was about what was before and what was after," Collins said.

Collins said the witnesses called in Meade's defense all corroborated the former deputy's statement and what the physical evidence in the case shows. Collins also attacked the credibility of Christopher Corne, a last-minute witness called by the prosecution to testify on Tuesday.

"He's watched everything. It'd be like plucking someone from the back of the courtroom," Collins said, telling the jury Corne had deleted all his Facebook comments, including those made on posts by Tamala Payne, Goodson's mother's page.

"One, one thousand, two, imagine how fast that is. That's the time Chris Corne had to see," Collins said.

Collins said he believed Meade's defense team had "proven beyond a shadow of a doubt" that Meade acted reasonably on Dec. 4, 2020.

"This isn't about why somebody did something. It's about actions perceived, things that are looked at in my client's shoes," Collins said. "You can't do should've, could've, would've —and (prosecutors) keep doing it, even in their closing."

Collins also discussed where Goodson's firearm was found and where the holster was. Prosecutors have maintained the handgun Goodson was carrying was in the holster in his waistband and came out when he fell forward through the unlocked side door and onto the kitchen floor after being shot Goodson's holster was missing the restraining loop that would help secure the gun in the holster.

"If the gun was in the holster, it wouldn't have come out from the sweatshirt," Collins said, referencing a hooded sweatshirt Goodson was wearing at the time he was shot.

The handgun was found under Goodson's torso on the kitchen floor of the home, according to testimony during the trial.

"You never point a gun at something unless you intend to shoot it," Collins said. "There is no higher threat than when an officer is staring down the barrel of a gun."

He told the jury the only things the prosecutors had proven beyond a reasonable doubt was the layout of paintings in the kitchen of the home where Goodson was shot and that there were three holes in what remained of a storm door at the house.

"You don't distract unless you have something to hide," Collins said.

As he ended his 70-minute closing statement, Collins told the jury they had the power to prevent a third tragedy in the case, which would occur if they were to convict Meade based off of the prosecution's evidence.

"No verdict you give back in this case will bring Casey Goodson back. There is no verdict that will heal both sides of this courtroom," he said.

What did Jason Meade prosecutors say in its closing arguments?

"Six shots in the back," Special prosecutor Tim Merkle said to open his closing argument.

Merkle said Meade pulling the trigger of his assault-style rifle was purposeful, meeting the legal standard for murder.

Previous coverage: Official Franklin County autopsy confirms Casey Goodson Jr. shot 6 times, 5 in the back

"Somehow, the implication is that when you point an assault weapon at an individual and you fire it six times either on automatic or semiautomatic at center mass, vital organs, that’s there no purpose to kill," Merkle said. "When you’re 10 to 12 feet away from your target, when you’ve got a sight sighted in on the vital organs of the center mass and you discharge that weapon six times, six bullets, purpose to kill is there."

Merkle reminded the jury of the expert testimony in the case, saying both Kevin Davis, the defense team's use-of-force expert, and Seth Stoughton, the prosecution's expert, agreed that someone pointing a gun can be a threat, but argued Goodson wasn't a threat.

"Who's got the advantage," Merkle said, while holding Meade's rifle and Goodson's handgun in each hand.

Merkle also reminded the jury of Meade's testimony and a sermon Meade gave in 2018 in which Meade spoke about using force in his job as a deputy.

"'I throw the first punch,'" he said, parroting Meade's sermon. "Here he fired the first shot. Not just the first shot, but the second, the third, the fourth, the fifth and the sixth.

"That's not keeping others safe. That's murder."

Standing with the storm door from the Estates Place home where the shooting took place in his hands, Merkle said the physical evidence doesn't lie.

"Makes it kind of hard to turn and face the defendant with a door in between them," Merkle said. "The inside door was open and out of the way of the bullets. And what was in the door? Casey's keys."

Merkle walked the jury through the evidence in the case, including the earbuds Goodson was wearing and evidence showing the earbuds were connected to Goodson's phone and were playing music at the time the shooting occurred.

"Did Casey pull the gun out of the holster and turn and point it at the defendant with the safety on," Merkle said. "Or did it never leave the holster?"

The special prosecutor also told the jury Meade's attempt to justify the shooting by saying Goodson posed a threat isn't credible.

"What happens when they act on a potential threat? Exactly what happened here. That isn't justification," Merkle said. "The bottom line, ladies and gentlemen, is the physical evidence doesn't line up."

Merkle also discussed the testimony of last-minute witness Christopher Corne, a local HVAC technician who came forward during the trial after watching portions of it online. Corne testified Tuesday that he was behind Meade and saw Goodson pass his vehicle. Corne said he did not see Goodson with a gun in hand, which is contrary to Meade's testimony.

"If you believe Christopher Corne, the case is over for them," Merkle said of Meade's defense. "He exposes the cover-up."

As he ended his argument after more than hour of speaking to the jury, Merkle said Goodson had the "ill fortune" of running across Meade on Dec. 4, 2020.

"He's an aggressive, arrogant and remorseless officer," Merkle said.

How do I watch the Jason Meade trial?

Franklin County Common Pleas Court is equipped with cameras in each courtroom that provide the ability to live stream proceedings.

The stream for Judge David Young's courtroom can be found here.

The judge controls the live stream from the bench, and the feed is only on when court is in session. The judge can also control whether some evidence, such as photos that may be graphic or sensitive, are shown to the public and streamed.

How long will the jury deliberate?

It is impossible to predict how long a jury may deliberate in a case. Deliberations can take minutes, hours or days.

What happens when there's a verdict in the case?

If the jury reaches a verdict, Young will read it in open court.

Should the jurors not reach a unanimous decision, Young could give them what is known as a Howard charge, essentially jury instructions asking them to continue deliberating in hopes of reaching a verdict.

If, after a Howard charge, the jury still cannot reach a verdict, Young would have to declare a mistrial. At that point, prosecutors would have to determine whether to retry Meade or dismiss the case.

What has each side argued during the trial?

Special prosecutors Tim Merkle, Gary Shroyer and Montgomery County Assistant Prosecutor Josh Shaw called more than a dozen witnesses, including members of Goodson's family, to testify in their efforts to prove Meade is guilty of the charges filed against him.

The evidence presented by prosecutors included testimony about Goodson being shot six times, five of which struck him in the back, as well as testimony that Goodson was wearing earbuds playing music at the time he was shot.

Related coverage: Jason Meade trial delayed until Tuesday, few witnesses left in Casey Goodson shooting case

The judge also allowed prosecutors to call a last-minute witness who testified Tuesday after not coming forward until the trial was underway.

Christopher Corne, a local HVAC technician, testified that he saw Goodson drive by him on Ferris Road and did not see a gun in Goodson's hand. Corne did not see the shooting or hear gunshots, he testified.

Meade's defense attorneys, Mark Collins, Kaitlyn Stephens and Steven Nolder, called six witnesses, including Meade himself, to testify.

Meade testified that he saw Goodson waving a gun inside his vehicle while turning from Karl Road onto Ferris Road. Meade turned around and followed Goodson, who did not heed verbal commands to show his hands and drop the gun, the former deputy testified.

Each side called an expert on use of force to testify for the jury.

bbruner@dispatch.com

@bethany_bruner

This article originally appeared on The Columbus Dispatch: Jason Meade trial: Jury unable to reach verdict after earlier mistrial