Judge declares mistrial for homicide charge in case of Madison apartment complex killing suspect
MADISON, Wis. (WMTV) - A mistrial has been declared in the case of a man accused in a killing at a Madison apartment complex last summer.
The judge declared a mistrial for the charges of first-degree intentional homicide- as party to a crime and first-degree recklessly endangering safety. The jury found Devonte Gafford guilty of possession of a firearm as a convicted felon.
The judge announced the verdict around 11:30 a.m. on Friday.
The firearm possession charge carries a maximum sentence of 10 years in prison and a $25,000 fine.
Prosecutors told WMTV 15 News that they had no comment after the verdict was announced.
The prosecution can start a new trial for those two counts.
“We go through the whole process, and basically it’s a do over you, you start from scratch with the new jury and the same evidence can be presented or the prosecution can elect to not present all of the same evidence,” John Gross, UW Madison law professor said.
He says that tends to give prosecutors the upper hand.
“They’ve presented all their evidence once and they’ve seen how the defense responded they’ve seen arguments the defense made,” Gross said. “They’ve seen how the defense attorneys cross examined their witnesses. When you retry a case, the general consensus is that prosecutors might have a better chance of presenting a case that will convince the jury to reach a unanimous verdict.”
There is a scheduling conference set for April 11.
The judge dismissed the jury for deliberations just before 5 p.m. Thursday. Jurors came in and out of the courtroom three times since they received the case in order to review video evidence of the shooting. Jurors continued to deliberate until around 11:30 p.m., when they were dismissed until 9:30 a.m. Friday.
Gafford, 32, testified on Thursday and claimed he heard gunshots and ‘felt like he was going to die’ on July 13, 2023, at the apartment complex on the 5900 block of Milwaukee Street. He recounted shooting directly toward a group of people and alleged that people not seen on surveillance footage camera were firing at him.
“I ain’t trying to kill nobody, I was just trying to deescalate the situation,” he said Thursday, adding he felt that he had no other option than to shoot.
Deputy District Attorney Bill Brown claimed earlier in the week that it was not Gafford’s bullet that killed the victim, identified as Devon Grant, but that it was Gafford’s co-defendant, Mark Parks, Jr., who fired the fatal shot.
During opening statements, Brown explained that everything leading up to the shooting happened three hours prior. He alleged that a man allegedly set up a drug deal with Gafford to pick up lean, a mixture of prescription-grade cough syrup containing codeine and promethazine, with soda and candy.
Brown detailed that the man allegedly had four of his friends, including Devon Grant, rob Gafford at gunpoint around 12:10 p.m. on July 13, 2023. Gafford drove over to the Harmony Apartments, off of Milwaukee Street, about 45 minutes later where he knew the four individuals were known to live or hang out around there. Brown stated that Gafford returned later, in a different vehicle, with Parks. Both got out and allegedly started firing at the first people they saw, which included Devon Grant.
Click here to download the WMTV15 News app or our WMTV15 First Alert weather app.
Copyright 2024 WMTV. All rights reserved.
