Witness mistaken, defense says. Lexington murder trial ends in hung jury. What now?
A Lexington murder suspect who’s been in jail for nearly four years may face a second trial after a jury failed to determine if he was innocent or guilty.
The trial for Robert Earley McKissic, 34, ended with a hung jury last week. McKissic was on trial for the murder of 51-year-old Anthony Carter. The shooting happened on Oct. 26, 2017, after the two got into an altercation, according to police. But the jury couldn’t reach a unanimous verdict after a five-day trial and eight hours of deliberation.
“After reviewing all testimonies and evidence, the jury is still unable to reach a unanimous verdict,” the jury said in a note to Fayette Circuit Court Judge Thomas L. Travis, who presided over McKissic’s trial. The jury came back with the note just after midnight on Aug. 10.
The five-day trial featured testimony from witnesses and experts, including Ashley Halcomb, who was Anthony Carter’s girlfriend. Halcomb said she witnessed the killing and accused McKissic of committing it.
Halcomb told a 911 dispatcher, “I saw the guy shoot him. I know who he is ... it’s Rob.”
Halcomb further described the suspect as a Black man named Rob. Prosecutor Alex Garcia said that was a straightforward description that helped pin McKissic as the suspect.
“We have brought in witness after witness after witness that has been consistent with what Ashley Halcomb saw that day,” Garcia told the jury during the prosecution’s closing argument.
But the defense challenged the accuracy of Halcomb’s memory of the event and said her description wasn’t accurate enough. Bridget Hofler, who represented McKissic in the case, argued that Halcomb had an extensive drug history and didn’t see what she claimed to see.
Hofler said in court that Halcomb “made a mistake” in identifying McKissic as the shooter. When officers arrived at the shooting scene, Halcomb initially described the perpetrator as a bald man who weighed about 130 pounds, which doesn’t fit McKissic, Hofler said. Hofler also said Halcomb didn’t pick McKissic out of a lineup.
Halcomb testified during the trial and identified McKissic as the shooter.
The prosecutor said Halcomb also provided a motive for the shooting. Halcomb said McKissic and Carter had previously gotten into a fistfight, after which McKissic allegedly said, “You f****d up, you really f****d up.”
McKissic testified that he and Carter never got into any fights. He said the two were friends.
But Carter’s sister, Tonya Glawe, disputed McKissic’s claim.
“My brother was not friends with him,” she told the Herald-Leader. She also said the two did get into a fight.
The prosecutors and defense could work toward a plea deal after the hung jury. The prosecution could also decide to take the case to trial again.
Hofler told the Herald-Leader Monday that McKissic would be willing to plead guilty to a lesser charge.
“He’s been in jail so long; he just wants to get out,” she said. Hofler has maintained McKissic’s innocence.
Hofler asked Travis to lower McKissic’s bond after the jury came back deadlocked last week. Travis said he would hear arguments on a bond reduction during a hearing scheduled for Aug. 24.
“Mr. McKissic has sat in jail for nearly four years, and his bond is set at $150,000,” Hofler said. “He remains innocent for right now, and I would ask the court to set some sort of reasonable bond so he can at least go home with his family while we try to get a date set (for a new trial).”
Fayette County Commonwealth’s Attorney Lou Anna Red Corn said Tuesday that prosecutors hadn’t yet decided how to proceed in the case.
This story was originally published August 17, 2021 at 8:35 AM.