Jury's Mistake On Verdict, Man Walks Free, Murdered Hours Later - KMPH FOX 26 | Central San Joaquin Valley News Source

Jury's Mistake On Verdict, Man Walks Free, Murdered Hours Later

Posted:
FRESNO, Calif. (KMPH) - 37-year-old Bobby Pearson was freed because of a jury's mistake, and was killed about an hour later.

Fresno police say Pearson was a career criminal, and was let out of jail late Wednesday night after jurors in his burglary trial made a paperwork mistake on the verdict forms.

One juror told the judge they checked the 'not-guilty' box because there wasn't a form stating they could not decide.

Police say once Pearson left the jail he went to his sister’s Fresno home to gather some belongings.

However, police say Pearson and his sister's boyfriend, 35-year-old Willie Gray got into a fight, which spilled out onto the street.

A witness told police he heard a loud pop.

Police found Pearson in the street. He was rushed to the hospital with two wounds to his stomach and chest, where he died.

Fresno Police Chief Jerry Dyer says a steak knife was found lying next to Pearson's body.

Gray took off in his girlfriend's car, and was later arrested at his home.

Detectives also found a gun inside the home.

However until an autopsy is done it's not known if it was used in the attack.

Looking back at the juror's mistake in Pearson's burglary trial some may wonder could it happen again?

Defense attorney Mark King says, “Yes, I can see how that can happen. You got a situation where people are out of their element."

King says just as each criminal case is different, so is each jury.

12 people come together, each with different experiences and circumstances and each one must decide the fate of another person.

King says, "While they are doing it, it can be very stressful. It is unfamiliar and it's uncomfortable. These folks obviously were confused about some of the paperwork. Things like this may have happened before and we just didn't hear about it. Because after that they were dismissed and go on with their lives."

So, does this mean the justice system is broken?

King says it's not perfect but it's the best we've come up with.

In this case, a juror told the judge there wasn't a verdict form to sign to say they were deadlocked.

They were split 8-to-4 in favor of finding Pearson being guilty.

But because of double jeopardy, the judge had no choice but to go with the jury's decision, and release Pearson.

King says, "They had two forms. They chose the one that made the most sense to them. They really didn't need a form to say that were deadlocked. I can see how that can happen. I have a little harder time when they said to the judge this was my vote, if they didn't vote that way. But things happen what is done is done."

Pearson's co-defendant in the case was found guilty for burglarizing the Fresno apartment, stealing a video system and a gun.

  • Local NewsLocal NewsMore>>

  • Wildfire Near Yosemite Grows to 2,600 Acres, No Containment

    Wildfire Near Yosemite Grows to 2,600 Acres, No Containment

    Firefighters will be working through the night, and into the morning, to gain control of a wildfire that is burning near Yosemite National Park for a second night.The El Portal Fire now covers 2,632 acres.Close to 600 firefighters are on site—and more are expected to arrive overnight.A stretch of Highway 120 remains closed from Crane Flat to the 120/140 Junction.Smoke from the fire, is now creeping into Yosemite Valley."You can barely make out El Capitan," said Ryan Green, who stopped at the ...More >>
    Firefighters will be working through the night, and into the morning, to gain control of a wildfire that is burning near Yosemite National Park for a second night.The El Portal Fire now covers 2,632 acres.Close to 600 firefighters are on site—and more are expected to arrive overnight.A stretch of Highway 120 remains closed from Crane Flat to the 120/140 Junction.Smoke from the fire, is now creeping into Yosemite Valley."You can barely make out El Capitan," said Ryan Green, who stopped at the ...More >>
  • Wildfire Near Yosemite Balloons to 2,100 Acres, Forces Road Closures

    Wildfire Near Yosemite Balloons to 2,100 Acres, Forces Road Closures

    A fire is burning near Yosemite National Park right now, threatening homes and forcing road closures.The fire started Saturday around 4:30 p.m. and now covers 500 acres.It is burning in the Merced Canyon, and has been named the “El Portal Fire.”The U.S. Forest Service reports that six homes have been evacuated, but more evacuations have been ordered to the town of Foresta, east of El Portal.The fire is moving in a North and East direction.So far, it has ordered the closure of Highway 120, bet...More >>
    A fire is burning near Yosemite National Park right now, threatening homes and forcing road closures.The fire started Saturday around 4:30 p.m. and now covers 500 acres.It is burning in the Merced Canyon, and has been named the “El Portal Fire.”The U.S. Forest Service reports that six homes have been evacuated, but more evacuations have been ordered to the town of Foresta, east of El Portal.The fire is moving in a North and East direction.So far, it has ordered the closure of Highway 120, bet...More >>
  • Clovis Police Van Recovered, Man Under Arrest

    Clovis Police Van Recovered, Man Under Arrest

    A man is now under arrest after Clovis Police say he stole one of the department’s vans Saturday night, and abandoned it a short time later. Police say the man took off around 9:00 p.m., and dumped it a short time later in the area of Ashlan and Thompson.So far, no details have been released on how the vehicle was taken.For the following hour, police canvassed a large area, from Ashlan to Dakota, and Thompson to McCall.Officers caught up withthe manaround 10:30 p.p.m.aK9 officer detained the ...More >>
    A man is now under arrest after Clovis Police say he stole one of the department’s vans Saturday night, and abandoned it a short time later. Police say the man took off around 9:00 p.m., and dumped it a short time later in the area of Ashlan and Thompson.So far, no details have been released on how the vehicle was taken.For the following hour, police canvassed a large area, from Ashlan to Dakota, and Thompson to McCall.Officers caught up withthe manaround 10:30 p.p.m.aK9 officer detained the ...More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KMPH. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.