Hung jury in Waco capital murder case results in mistrial
A mistrial was declared Wednesday night in the capital murder trial of a Waco man accused of killing his landlord in 2022.
Jurors were unable to reach a unanimous decision regarding Brandon Xavier Stephens, 20, in the December 2022 killing of Stanley Wilcox, 59, whose remains were found in a creek near Baylor University the next month.
Judge Thomas West of Waco's 19th State District Court made the announcement at about 9:30 p.m. after the jury deliberated for 8 hours and 40 minutes. The jurors were deadlocked on the capital murder verdict 11-1, with the lone dissenter favoring a lesser charge of murder.
Capital murder is punishable by execution or life in prison without parole. In Stephens' case, prosecutors were not seeking the death penalty. The lesser charge of murder, a first-degree felony, is punishable by five to 99 years or life in prison. If Stephens were convicted of murder, he would be eligible for parole after serving half the sentence or 30 years, whichever is less.
Throughout Wednesday afternoon, the jury of seven men and five women sent multiple notes to West requesting additional evidence and clarity on legal terms. The jurors expressed their struggle to reach a consensus, indicating a split in opinion regarding the intent of Stephens and his co-defendant, James Keylan Willis, who is scheduled for trial in April in the same killing.
Presiding juror Christopher Kelly addressed Wilcox's family outside the courthouse, explaining that the jurors tried their best to reach a verdict. He said the lone holdout had reasonable doubts about the defendants' intent to rob Wilcox and contributed to the prolonged deliberations by questioning how Wilcox's body was discovered.
The jurors reiterated their division in at least three notes to the judge.
Earlier in the day, at about 2:45 p.m., 11 jurors stated their inclination to convict Stephens of capital murder, while one juror sought a conviction for the lesser charge. By 4:30 p.m., the jury confirmed their deadlock once again.
Judge West informed the jury that if they remained unable to reach a unanimous verdict, he would be compelled to declare a mistrial. He cautioned that a new jury would need to review the same evidence and could face similar difficulties in deliberation.
The jurors had sent a note indicating, "We are not moving in any direction. The one (holdout) cannot explain reason why without speculation." In response, West urged them to continue deliberating. Later, around 8 p.m., jurors requested to review Snapchat messages exchanged between Stephens and Willis, which were presented as evidence during the trial.
West advised the jury to refer back to the court's instructions and legal definitions when considering the notion of reasonable doubt.
After West declared the mistrial, Stephens' retrial was scheduled for April 21, a week after Willis' trial is scheduled.
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