Ocala courts: New trial for Black defendant after state cut sole Black prospective juror

An Ocala man has been granted a new trial after a judge ruled that the prosecution improperly passed over the only Black man in the pool of potential jurors.

Circuit Judge Peter Brigham's ruling was greeted with applause from the defendant's family and friends, who filled the courtroom that day.

For now, 24-year-old Darryn Lake remains locked up at the Marion County Jail pending the new trial. His attorney has asked the judge to set bail.

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"Unfortunately, what happened in this case is a prosecutor, not in bad faith, in striking two jurors, violated my client's rights, and the judge agreed," said James Smith, the Windermere lawyer who represents Lake, who is Black.

Former Assistant State Attorney Erik Rauba prosecuted the case at trial. Assistant State Attorney Janine Nixon represented the state at the post-trial hearing.

In May, Lake was convicted of robbery with a firearm and principal to burglary of a conveyance while armed. Sentencing was scheduled for Sept. 20. However, the motion seeking a new trial was filed before that time.

According to Smith's motion, during initial questioning of a 19-year-old Black man as part of the jury selection process, the man "did not disclose any information that provided the basis for challenge for cause."

And yet, when it was time for challenges, the "State used a peremptory challenge on this juror," the motion says.

The defense objected and requested an analysis, as required by legal precedent. The prosecutor "offered as a race-neutral basis the fact that the potential juror attended the same high school as the defendant and could potentially be swayed by the fact that Mr. Lake was a high school football star," Smith wrote in his filing.

Lake played football for Vanguard High School. His mother told a Star-Banner reporter that her son had received a scholarship to Mercer University in 2016.

The motion goes on to say that the prosecutor was going to "strike another potential juror for the same reason. This other potential juror was a young male who was not African American but was a racial minority."

Smith noted that white potential jurors were not asked the same questions. The lawyer also said that while the prosecutor did ask the lone Black prospective juror "where he attended high school, he did not ask any questions about whether the juror would be unable to be fair and impartial juror."

"It should also be noted that the juror was asked if he knew any parties in the case and stated on the record that he did not," Smith wrote.

Lake wound up facing an all-white jury, which "raises the prospect that he did not receive a fair trial," the motion says.

"It is well settled law that peremptory challenges should not be used to discriminate against jurors because of their race," the motion says.

Nixon said no record was presented to support Smith's defense.

When he was questioned by Nixon, Lake told the court that he did not feel he could have received a fair trial.

Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb.

This article originally appeared on Ocala Star-Banner: New trial in Ocala, Florida after state strikes Black prospective juror