Judge declares mistrial in Lexington murder case due to lack of jurors. What’s next?

A Fayette County judge on Tuesday declared a mistrial for two men charged with murder in the death of Caleb Hallett because the court didn’t have enough jurors.

The trial for Marquess L. “Hector” Smith, 25, and co-defendant Marique Q. Sturgis, 24, was set to start earlier this week. Sturgis and Smith are both charged with murder, assault, robbery and other offenses.

Instead of continuing proceedings, a mistrial was declared by Judge Jeffery Taylor on Tuesday because not enough jurors were selected to serve.

Fayette Commonwealth’s Attorney Lou Anna Red Corn said there were not enough qualified jurors to serve and fill all 12 positions, as well as the additional alternates.

“Each side, by criminal rule, can strike people for any reason other than protected class reasons,” Red Corn said. “There were not enough left as they moved through the process (of jury selection) and it became clear they were not going to be able to meet that number.”

With two other criminal trials that were scheduled to start on Monday, she said the need for jurors was great, but that she did not foresee an additional problem in the future to secure the numbers needed to serve on a jury.

Red Corn said both Sturgis and Smith will appear in court again Friday to have a new trial date set.

In addition to Smith and Sturgis, two others connected to the case were charged and have pleaded guilty for their involvement in the 2016 shooting. Christopher Allen, 25, pleaded guilty on April 27, 2021, after reaching a plea agreement and having some of his charges dismissed. Ricky Auxier, 24, pleaded guilty to robbery charges in April 2021.

Hallett, 18, was shot multiple times after a robbery and died a short time later at University of Kentucky Chandler Hospital, according to police. His friend, Josh Baker, was shot in the right arm.

Lexington police detective Bill Brislin previously said the shooting happened after Smith, Sturgis, 21-year-old Kenyon Hipps and two juveniles planned to rob a house in the 200 block of University Avenue because they thought narcotics were there. Hipps died in Dayton, Ohio, of a self-inflicted gunshot wound 10 days after the shooting.