Judge declares mistrial in Caddo homicide case
3/29/2002
A Caddo District Court jury couldn't reach a verdict this week in the murder trial of a defendant charged in a downtown Shreveport shooting, but the state will try again, an assistant district attorney says.
Eric Persley, 26, of the 2900 block of West Jordan Street in Shreveport is accused of killing a man who was leaving a downtown nightclub shortly after 3 a.m. April 14, 2000. Persley is charged with second-degree murder in the death of Rodrigues Rusley, 26, of Bossier City.
Persley went on trial last week. Jurors went out Wednesday morning, reported midafternoon that they couldn't reach a verdict and were sent back to the jury room to continue deliberations, Assistant District Attorney Jason Waltman said. District Judge Leon Emanuel declared a mistrial after the jury still was unable to reach a verdict at 5 p.m., Waltman said.
A new trial date should be set in May, Waltman said.
The defense stressed that nobody could identify Persley as the one who killed Rusley, Waltman said. There were a lot of people downtown that morning, but people flee for safety instead of noting details when there is a gunfight, he said.
"We simply didn't believe the state has enough evidence to meet its burden that Mr. Persley is guilty of the charge," defense attorney Clayton Burgess of Lafayette said.
Persley and Calvin Mitchell, 23, of the 1400 block of Kenneth Street in Shreveport had been inside a downtown bar that morning, police said. They later returned to the club and allegedly opened fire outside. Rusley was in the crowd. Police said the shots either were fired at random or intended for someone else. Persley and Mitchell reportedly had argued with a club patron.
Persley and Mitchell were getting into a car near the club when two downtown bicycle officers showed up. They fired on the suspects when the men wouldn't drop their guns, police said. Mitchell was hit in the shoulder and nose.
Charges are pending against Mitchell.