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Thursday, January 14, 2010

Ind. Decisions - "Victim’s threat sparks mistrial in carjacking"

Rebecca S. Green reports today in the Fort Wayne Journal Gazette:

The trial of an accused armed robber ended in a dramatic mistrial Wednesday when the victim threatened to kill the defendant and stormed off the witness stand.

The woman, Jessica Simon, had been shot in the abdomen after she and her sister were carjacked by two men outside a home on Avondale Drive in September. * * *

It was during cross-examination that the proceedings seemed to be too much for Simon, who grew visibly impatient with defense attorney Quinton Ellis’ questioning.

When he asked her whether she struggled with the robber over her purse, Simon lost her composure.

“He (expletive) took it,” she yelled. “He (expletive) shot me.”

Then Simon screamed at Figgs and made her way toward the defense table, threatening to kill him. She was redirected by the bailiffs and ushered out of the courtroom.

Allen Superior Court Judge John Surbeck declared a mistrial, over the argument of Allen County Deputy Prosecutor Wendy Davis Williams.

Figgs remains in custody, and a new trial will take place in March.

Posted by Marcia Oddi on January 14, 2010 10:58 AM
Posted to Ind. Trial Ct. Decisions