Judge Declares Mistrial on Remaining Charges Against Jekwan Smith and Johnnie Harris

Judge Henry Greene declared a mistrial Monday on the remaining charges against Jekwan Smith and Johnnie Harris in connection with the 2011 shooting death of 24-year-old Isaiah Sheffield.

It is the third time Greene has declared a mistrial on charges faced by Smith and Harris in the case. Monday’s decision ends all deliberations in the trial.

Jurors had been deliberating in the four co-defendant trial since August 20. Prosecutors argued that Smith, Harris, Stanley Moghalu and Anthony Hatton were members of a crew called “21st and Vietnam.” The co-defendants were charged with 21 counts including conspiracy, first-degree murder, obstruction of justice, assault, and weapons charges related to the deaths of Sheffield, Steven Moore and Tyrell Fogle.

Sheffield was found on September 24, 2011 around 1:45 a.m. by police on the 1100 block of 21st Street Northeast lying on the ground suffering from a gunshot wound. He was transported to a local hospital where he was pronounced dead. Smith and Harris were both arrested and charged in Sheffield’s death.

In September, Smith and Harris were found innocent of first-degree murder while armed in the case, but still faced a lesser included count of second-degree murder, along with conspiracy, obstruction and related weapons offenses in connection with Sheffield’s murder.

It was those charges that jurors could not agree on and which were included in Monday’s mistrial.

Last week the remaining charges against Hatton in connection with the 2011 shooting death of 17-year-old Fogle, were declared mistrials after jurors conceded that they could not come to any verdicts in his case.

In October, Harris and Moghalu were found innocent in the shooting death of Moore. Later, a mistrial was declared in connection to Moghalu’s two remaining weapons charges.

Moghalu is scheduled to be retried Dec. 17. Smith’s, Harris’ and Hatton’s cases have been transferred to Judge Lynn Leibovitz. They are held pending a status hearing on January 17, 2014.

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