Second Mistrial For Billings Murder Suspect Stallworth

May 1, 2011

The second trial of Billings murder suspect Donnie Stallworth of Brewton ended with another mistrial Saturday afternoon.

stallworthescmug.jpgStallworth is facing two counts of first degree murder in connection with the shooting deaths of the Beulah couple in July 2009 — one of seven people charged in the double murder. The former Air Force staff sergeant went on trial last month, but a judge declared a mistrial after a jury could not decide his fate during nine hours of deliberations. His second trial this week came to an end Saturday when the jury announced they were deadlocked after two days of deliberations.

Judge Nick Geeker has scheduled a third trial for Stallworth beginning May 23.

Stallworth was accused of being in the home at time of the murders, armed with a gun. The accusations came from two co-defendants, 16-year old Rakeem Florence and 21-year old Fredrick Thorton. Both pleaded not contest to a lessor second degree murder charge in exchange for their testimony.

Comments

25 Responses to “Second Mistrial For Billings Murder Suspect Stallworth”

  1. David Huie Green on May 3rd, 2011 10:12 am

    thank you T, that makes three and counting

  2. David Huie Green on May 3rd, 2011 10:12 am

    REGARDING:
    “Just because someone agreed to go rob someone doesn’t mean they agreed to shoot and kill. He most likely never knew that was going to happen.”

    So we are to assume a man trained in the United States Air Force and reaching the rank of staff sergeant did not know that robbing people while carrying guns is likely to result in them being shot and killed? Doesn’t speak well of the Air Force training does it?

    I think it was Gonzalez senior who said he drove because Junior couldn’t find anyone else to drive. I wonder who all he asked who turned him down. Just think if he had been forced to call off the robbery and subsequent murders because others wouldn’t help him do it.

    (This is why I like the felony murder laws. People committing felonies which could reasonably be expected to result in death are as guilty of that death–no matter who gets killed–as if they pulled the trigger themselves because it is quite possible the one who did pull it would have cancelled without the backup support.)

    David for reason
    and avoiding helping murder

  3. T on May 3rd, 2011 6:35 am

    DHG I would vote for you :)

    DHG for president!

  4. just wondering on May 2nd, 2011 7:33 pm

    It is my belief that this man is not without some guilt, but he didn’t pull the trigger. Just because someone agreed to go rob someone doesn’t mean they agreed to shoot and kill. He most likely never knew that was going to happen. The fact that two separate jurys could not decide tells the story. Lessen the charges to some robbery type charge. The crime and charges should not be more than they are.

  5. David Huie Green on May 2nd, 2011 6:00 pm

    REGARDING:
    “Have you thought of running for political office? You fit the profile”

    Yes, I want to be President and am AMAZED both major parties don’t call for me by acclamation.

    David the mystified

  6. me on May 2nd, 2011 3:20 pm

    I guess no one is EVER going to be convicted of this senseless crime and two people are dead and a bunch of kids are without parents>>>>>>>>>>

  7. decisions on May 2nd, 2011 3:22 am

    @■David Huie Green

    Have you thought of running for political office? You fit the profile.

  8. Everett on May 1st, 2011 9:38 pm

    If this guy walks, so does Gonzalez.

  9. Glass on May 1st, 2011 6:45 pm

    Two mistrials? Come on. There is obviously not enough evidence to convict him of the crimes he’s charged with and scheduling another trial is ridiculous. Perhaps they should seek solid evidence or lessen the charges. I do not know him personally, but I do know his mother. It was a shock to think that he could ever be involved in something like this and obviously the jurors are agreeing with that.

  10. David Huie Green on May 1st, 2011 5:01 pm

    OOPS
    “If it doesn’t decide because some of them believed him to be guilty and some of them believed him to have been proven guilty,” should have been “If it doesn’t decide because some of them believed him to be innocent and some of them believed him to have been proven guilty,”

    my bad

  11. David Huie Green on May 1st, 2011 4:58 pm

    regarding:
    “HE SHOULD OF BEEN SET FREE IF NOT CONVICTED ON THE FIRST TRIAL.”

    Nope. The inability of that jury to decide one way or another does not equal an acquittal. It means that jury can’t decide. A jury either decides guilty or innocent. If it doesn’t decide because some of them believed him to be guilty and some of them believed him to have been proven guilty, they don’t throw it away.

    A time COULD come in which a judge would throw out the charges if it seemed unlikely a firm verdict would be reached by an impartial jury. We shall see.

    Interesting that two juries have hung so far. Poor prosecutors, poor evidence, good defenders, or prejudiced jurors one way or the other.

    David considering causes

  12. cma on May 1st, 2011 3:03 pm

    There is not enough proof to even put him at the scene of the crime. I have seen the video and he was never identified on it. No fingerprints no DNA he has to be found not guilty. Florence and Thornton are not credible witnesses their stories are too inconsistent. No matter if you think he was at the house or not, there is not enough evidence to find this man guilty.

  13. Klondike Kid on May 1st, 2011 2:42 pm

    I haven’t been following this guys case closely but it seems odd to get 2 hung juries. I agree with the others, they have him charged incorrectly or there is insufficient evidence for a jury. I hope they resolve this soon, this is costing us, the tax payers, a lot.

  14. just tired on May 1st, 2011 2:05 pm

    I don’t KNOW that he was there, but I also don’t think that his name just came up out of the blue either. If he was not there, why haven’t some of the others who were involved spoken up?

  15. JIM W on May 1st, 2011 2:00 pm

    I’m thinking just maybe he was incorrectly charged. Maybe he should have been charged with something else like Accessory to a murder or what ever. It is a fact he was there but it is not a proveable fact he was involved in the murder it’s self. If the jury can not convict based on the facts presented then there is obviously a problem. How would you like to be tried three times for something. They should release him and arrest him under new charges if they have proper evidence. If there is not enough evidence then by law they have to let him go. This was a horriffic incident and all parties must be brought to justice. But, it has to be done correctly by the law enforcement and judicial system.
    For those of you who say put me on the jury. I say you already have a preconceived notion on the matter and would not be fair. Would you want someone to be on a jury judging you with that kind of attitude. Just saying fair is fair!

  16. just tired on May 1st, 2011 1:57 pm

    I don’t KNOW that he was there, but I also don’t think that his name just came up out of the blue either!

  17. WORRIED RESIDENT on May 1st, 2011 11:40 am

    I think this was a horrible crime, and the person/persons who commited it should pay, but maybe, just maybe he’s not guilty. Maybe there are too many people on the juries that have made up their minds before hearing the evidence. There wasn’t any problem convicting the prior three, and two have pled guilty. SOMETHING’S just not right. Surly we aren’t going to prosecute him again.

  18. LOL on May 1st, 2011 10:14 am

    HE SHOULD OF BEEN SET FREE IF NOT CONVICTED ON THE FIRST TRAIL.

  19. cma on May 1st, 2011 9:53 am

    @just tired. How exactly do you KNOW he was there?

  20. David Huie Green on May 1st, 2011 9:45 am

    REGARDING:
    “Put me on the jury!”

    If you’ve already made up your mind, you do not belong on a jury.

    David for facts and judgment

  21. just tired on May 1st, 2011 9:44 am

    My take is this, if someone is guilty it is not that hard to come to that conclusion, so if the jurors (which there have been two different sets) are having a hard time being convinced of the evidence, then maybe he has the wrong charges levied against him. Maybe he should have been charged with something other than two counts of first degree murder. After all, he was there but I don’t think he was the one who actually pulled the trigger, I think that was Gonzalez, Jr.

  22. cma on May 1st, 2011 9:30 am

    Well basically there is no solid evidence against this man.

  23. Kay on May 1st, 2011 7:52 am

    What in the world is the problem???

  24. billy on May 1st, 2011 7:51 am

    GUILTY

  25. decisions on May 1st, 2011 3:26 am

    Put me on the jury!