The second-degree murder case against Travis Midgyett was declared a mistrial yesterday after a Clay County jury deadlocked, setting up preparations for a new trial in front of a different jury.

Don Shrubshell photos

Above, Teresa Freelon, left, and Trina Freelon, cousins of murder victim Carlos Kelly, discuss the mistrial of Travis Midgyett yesterday outside the Boone County Courthouse after a jury deadlocked on charges of second-degree murder and attempted robbery. The women said they were optimistic a retrial planned by prosecutors will end in a conviction. Below, Midgyett smiles at family members with defense attorney Chris Slusher after Circuit Judge Gene Hamilton declares a mistrial yesterday at the Boone County Courthouse.

The jury of eight women and four men deliberated for more than eight hours before all 12 jurors signed a memo saying they were "hopelessly deadlocked."

Circuit Judge Gene Hamilton called the panel into the courtroom at about 1 p.m. and confirmed they could not reach a verdict. Defense lawyer Chris Slusher then asked for a mistrial, which Hamilton granted.

Attorneys could not provide a timetable for the new trial but did say they will continue to investigate the case until then.

Midgyett also has been charged with first-degree attempted robbery in the bludgeoning death last year of 34-year-old Carlos Kelly.

Kelly was killed early March 29 after three intruders entered his Cynthia Drive apartment in a robbery attempt that prosecutors said involved illegal drugs and money.

Two witnesses identified Midgyett as one of the intruders. But Slusher introduced cell phone records he said placed Midgyett on the other side of town during the murder. A defense witness also testified Midgyett was not one of the intruders.

No physical evidence tied Midgyett, who knew the victim, to the crime scene. Midgyett did not testify during the trial.

Assistant Prosecutor Steven Berry said he believes the prosecution proved Midgyett’s guilt beyond a reasonable doubt.

"I wouldn’t call this a setback," Berry said. "The only thing I would call a setback would be a not-guilty verdict."

Slusher said Midgyett was disappointed and bewildered after waiting for a verdict that never came.

"I think right now we both feel drained," Slusher said as he left the Boone County Courthouse.

During the two days of testimony, witnesses said Kelly and three other people were partying early into the morning, drinking and using drugs at the apartment and selling drugs to visitors.

The intruders entered the house and bound Kelly and his girlfriend with duct tape and demanded to know where the drugs and money were. Someone struck Kelly over the head with a landscape timber that police recovered from the scene.

Police were dispatched to Kelly’s apartment at 1311 Cynthia about at 4 a.m., when Kelly’s girlfriend called 911 from a nearby gas station.

Kelly was pronounced dead at the scene.

Rodney Cunningham, 31, is also charged with second-degree murder and first-degree attempted robbery in the case. His trial is set to begin May 1. Charges against a third man, Felson Barney, 30, were dropped in the fall.

Feelings were bittersweet for friends and family of Kelly as they left the courtroom.

Trina and Teresa Freelon, twin cousins of the victim, said they were disappointed by the jury’s decision, but they were optimistic there could be a different result next time.

"It’s like reliving it again," Teresa Freelon said of her trial experience. "But we’re going to find justice in this."

Rex Freelon, Kelly’s father, said the jury’s decision speaks for itself. "It’s just how it is," he said. "It’s better than not guilty."

Supporters of the defendant were excited, quickly claiming the mistrial as a success and calling up others with the news.

Darlene Midgyett, the defendant’s mother, said the next jury would acquit her son.

"I love it! I am loving it!" she said as she left the courtroom. "He’s going to be found innocent. I always knew he was innocent."

Jacob Luecke of the Tribune’s staff contributed to this report.

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