ROCHESTER, N.Y. -- The guilty verdict handed down to Jalen Everett, one of three men charged following the mass shooting on Genesee Street in Aug. 2015 that left three people dead, was set aside Thursday by Monroe County Court Judge Douglas Randall.
BREAKING: Family & attorneys say Judge Doug Randall set verdict aside after defense motion. Family says it was a juror issue @TWCNewsROC
— Cristina Domingues (@CristinaTWCNews) December 8, 2016
A jury on Nov. 4 found Everett guilty of three counts of murder 2nd.
Raekwon Manigault, Jonah Barley and Johnny Johnson died following the shooting, which happened not long after a basketball game let out at the nearby Boys and Girls Club. Four other people were wounded.
The Monroe County District Attorney's Office stated the judge's decision was "apparently based upon events allegedly occurring during jury deliberation."
Anita Barley, Jonah's mother, believes it's a little late for jury issue to come to light.
"They asked them individually, 'Is this your verdict?' Each one said yes," Anita said. "Now you come back after all this is over, to humiliate us, and for the judge to be able to say okay I'm dismissing this whole trial? What is this, a game?"
Richard Barley, Jonah's father, says he applauds the juror for coming forward with a potential issue. He agrees with his wife this should have been addressed before a verdict was rendered.
"There were four alternates that could have stepped in and took this one juror's place who was biased or what have you," Richard said.
Richard also said he's angry by Randall's decision, not only in setting aside the verdict, but also in the way he presided over the trial.
"A lot of the evidence that was in the first trial (of Johnny Blackshell, Jr.), they wouldn't allow. We don't know why, we haven't been given any explanation why that happened, so it's very difficult."
Blackshell Jr. was convicted of pulling the trigger. Everett and the 3rd suspect, Michael Mathis, who has yet to go on trial, were both accused of riding in the car with Blackshell.
The statement from the District Attorney's Office reads, in full:
Today, Monroe County Court Judge Douglas Randall set aside the jury’s verdict in the case of the People v. Jalen Everett, which was issued on November 4, 2016 finding the defendant guilty of Murder 2nd for his participation in the shooting deaths at the Boys and Girls Club.
We are very disappointed and disagree wholeheartedly with the Judge’s decision. The sanctity of a jury’s verdict once rendered is a cornerstone of our criminal justice system.
The decision was apparently based upon events allegedly occurring during jury deliberations.
When this issue was first brought to our attention, we were prohibited from investigating the alleged improprieties due to a Gag Order which was imposed by court. More importantly, we were unable to advise the victims’ families of today’s proceedings. That Gag Order was finally lifted today. Unfortunately, the Judge’s ruling came as quite a shock to them.
Nothing would indicate that a full and fair inquiry could not have been conducted prior to today’s decision. At the very least, a fact finding hearing with a full and fair inquiry should have occurred.
We are currently conducting our own investigation and plan to take whatever action we deem appropriate.