Kentucky jury clears 1 defendant in murder of Marine. Second man may face retrial.

Jurors acquitted Quincinio Canada of murder in the 2014 fatal shooting of Marine Cpl. Jonathan Price and the wounding of his wife, Megan, outside a Lexington bar.

Furthermore, jurors could not reach a unanimous decision on the murder and assault charges against co-defendant Dawan Mulazim in the Price shootings.

The jury also could not reach a unanimous decision against Mulazim on separate robbery and assault charges involving the Prices. Canada was acquitted on the robbery and assault charges involving the Prices.

That means the prosecution will have to reassess whether to pursue the murder, assault and robbery charges against Mulazim in another trial.

Mulazim was found guilty on one count of tampering with evidence.

In addition, Canada and Mulazim were found guilty in the robbery of Shane Hansford, Mitchell Smith and Jessica Rutherford (now Hansford) at a Quality Inn motel six days before the Price shootings. Police say the gun stolen in that motel robbery was used in the Price shootings.

The penalty phase of the trial will resume at 9 a.m.Wednesday. At that time, the jury will hear evidence to consider when recommending sentences for Canada and Mulazim.

Observers learned of a possible split decision in the case shortly after 5:30 p.m.Tuesday, when jurors informed Fayette Circuit Judge Pamela Goodwine that they could not reach a unanimous verdict on four counts against Mulazim.

All four counts on which the jury failed to reach a unanimous decision involved offenses that happened on the night of the Price shootings. That had some observers wondering whether the jury believed alibi witness Joy Birch, who had said she was with Mulazim at the time that police said he was involved in the shooting, robbery and assault of the Prices.

At that point, jurors had been deliberating more than 11 hours (three hours on Monday night and another eight hours Tuesday).

Goodwine instructed the jurors to continue their deliberations to see if they could come to a unanimous decision on the four charges.

The jurors returned about 90 minutes later, but they still couldn’t reach a unanimous decision on the four counts.

The case had gone to the jury Monday night after six days of testimony.

Had they been convicted of murder, Mulazim and Canada might have faced the death penalty.

The prosecution said their evidence pointed to Mulazim and Canada as the men who stole a .45-caliber handgun from guests at the motel and then used that gun to shoot the Prices.

The defense contended that police accused Mulazim and Canada to the exclusion of other possible suspects, such as Antonio Frye, the man who eventually came into possession of the stolen handgun and then sold it to a confidential informant for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

This story was originally published June 26, 2018 at 8:48 PM with the headline "Kentucky jury clears 1 defendant in murder of Marine. Second man may face retrial.."