Mistrial declared in Virginia Beach murder case against man accused of shooting woman at Harris Teeter gas pump
A mistrial was declared Wednesday in the case of a man charged with killing a 65-year-old woman during a December 2021 robbery at a Harris Teeter gas pump in Virginia Beach.
Circuit Judge James Lewis made the ruling during the second day of trial for Darrius White, 24, who is accused of shooting Annie Smith as she sat in the passenger seat of her Ford Mustang.
The mistrial was declared after a police witness accidentally mentioned White is a convicted felon, according to a person who was in the courtroom. Such information is considered unfairly prejudicial to a defendant and typically is not allowed at trial.
White is charged with aggravated murder, robbery and multiple firearms offenses. Virginia law requires that he be sentenced to life in prison without parole if he’s convicted of the murder charge.
The shooting occurred about 5 p.m. Dec. 13, 2021, shortly after Smith and her husband pulled up to the gas pumps outside the Harris Teeter grocery store on Haygood Road. White and his brother, Michael White, drove up next to the couple’s car in a stolen vehicle and robbed them at gunpoint, according to prosecutors.
Smith’s husband, Steven, testified Tuesday he’d already given the men his wallet when Darrius White climbed into the couple’s car and shot Annie Smith. Steven Smith also said a semi-automatic handgun he and his wife kept in the car was gone after the shooting.
The brothers were driving a gold Lexus that was stolen earlier that evening and recovered a couple of hours after the shooting, according to prosecutors. Fingerprints for both men were found in the vehicle, and they were arrested several days later.
During opening statements, Darrius White’s defense lawyer didn’t dispute that he shot Smith, but suggested it was because Annie Smith had pulled out the handgun she kept in her car.
No new trial date for Darrius White has been set. Michael White, 31, is scheduled to go to trial in June.
Jane Harper, jane.harper@pilotonline.com
