Mistrial declared in Fort Worth capital murder case that was delayed several times
A mistrial has been declared in a capital murder death penalty trial because the court could seat only 10 jurors.
Twelve jurors are required.
James Earnest Floyd Jr., who was defending himself in the trial, is accused of fatally shooting John Porter, a 69-year-old Fort Worth man.
Police say Porter was beaten with a metal table and then shot in the head during a home-invasion-style robbery on March 28, 2017.
Floyd, 53, of Terrell, also shot Porter’s wife, wounding her in the stomach and leaving her to die in her home, but not before getting the couple’s bank card and PIN number, then leaving in the couple’s 2008 Kia Sorento SUV, according to police. John Porter’s wife, Diane Porter, survived the shooting and later identified Floyd.
The trial suffered numerous delays before the mistrial was declared Tuesday, and it was the subject of extensive planning due to the coronavirus pandemic.
The trial, had it proceeded, would have used three separate courtrooms — one courtroom where jurors could retire, one courtroom for testimony and another courtroom for spectators, according to court officials.
Visiting Judge Elizabeth Berry interviewed individual jurors who were picked in March and only 10 felt comfortable going forward with the trial, said Warren St. John, one of the stand-by attorneys advising the defendant.
Initially, 14 jurors — 12 plus 2 alternates — were picked for the Floyd jury. One alternate left the jury in March, and three jurors were released from their duties by the judge on Monday because of their concerns and their inability to continue to fully function as jurors, according to an officer of the court.
Floyd is being remanded to Dallas County, where he is facing kidnapping and aggravated robbery charges in another case, St. John said.
Tarrant County officials plan to schedule a new trial for Floyd at an undetermined date.
“We plan on prosecuting this defendant for capital murder,” said Dale Smith, Tarrant County District Attorney’s Office criminal division deputy chief.
Prosecutors will continue to seek the death penalty in this case, Smith said.
Had it proceeded, the Floyd trial would have been the first capital murder trial in Tarrant County since the COVID-19 pandemic struck and stopped most in-person court appearances.
None of jurors listed the ongoing pandemic, a diagnosis or illness with COVID-19 symptoms as a reason for not wanting to go forward, St. John said.
“In light of the social unrest we have in this country and the strong movement of Black Lives Matter, it is my contention that no Tarrant County jury should sentence James Floyd Jr. to death. Now or in the future,” St. John said.
Due to the coronavirus pandemic and to allow for social distancing, officials had planned to allow only seven spectators inside the courtroom during the trial.
“The real concern was the move to push forward with a jury trial during this pandemic. And then wanting to go forward with seeking the death penalty when so many are devoting all their energy to saving lives,” said Kristin Houlé Cuellar, executive director, Texas Coalition to Abolish the Death Penalty. “All the other capital murder cases in Texas have been postponed, to my knowledge.”
Floyd has also been accused of kidnapping a victim at gunpoint in south Dallas on March 26, 2017. Floyd then drove the victim to Terrell and released him, police said. The victim told detectives that he knew Floyd.
Floyd, a registered sex offender, was convicted of rape in Kaufman County in 1983 and sentenced to 75 years in prison. He was released on mandatory supervision in August 2011, Texas Department of Criminal Justice spokesman Robert Hurst said.
In the murder case, Floyd acted as his own attorney during pre-trial motions, jury selection and during other trial proceedings.
This story was originally published August 18, 2020 at 12:03 PM.
