UPDATE: After nearly 16 hours of deliberations, the judge in the first Twin Peaks trial declared a mistrial after the jurors said they were still deadlocked over the three charges against Dallas Bandido Jake Carrizal. The announcement came after jurors originally suggested they had agreed on one of the charges and the judge had told them to keep deliberating.
After more than 12 hours of deliberations, the jury in the first Twin Peaks trial again told the judge it was deadlocked -- this time over two of the three charges against Dallas Bandido Jake Carrizal.
The jury sent the note, explaining their inability to reach a verdict on two of the counts shortly after 11 a.m. Friday. It was unclear on which one of the counts they agreed.
Judge Matt Johnson then decided to give the jury an Allen Charge -- which is basically a very firm encouragement for the jurors in the minority to reconsider their position and allow the jury to come to a consensus. The procedure stemmed from an 1896 Supreme Court case that approved the measure as a means of preventing a hung jury.
Some states prohibit Allen Charges. And, even in Texas, a judge cannot force a jury to agree.
So, if the jurors are again deadlocked, Judge Johnson may declare a mistrial -- which could lead to an entirely new trial.
Carrizal faces charges of engaging in organized criminal activity with an underlying offense of murder, engaging in organized criminal activity with an underlying offense of aggravated assault, and a charge of directing the activities of a criminal street gang for his alleged involvement in the 2015 shootout at the Twin Peaks restaurant in Waco, Texas.
Nine people were killed in the gunfire.
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