Kyle Jury Deadlocks --Judge Orders It to Resume Discussions

Jurors deliberating the fate of accused murderer Ricky Kyle told a judge Monday that they were hopelessly deadlocked, but were ordered to resume discussions after three jurors changed their minds and asked for more time.

In a confusing turn of events, jury foreman Marshall Lai initially told Superior Court Judge Robert R. Devich that after 16 days of deliberations, the jury could not reach a decision on whether Kyle should be convicted of first-degree murder.

The 22-year-old defendant is accused of shooting his millionaire father, Henry Harrison Kyle, in an effort to gain his inheritance.

“I don’t feel we’ll ever have a unanimous verdict as to guilty or not guilty,” Lai said.

But after a short break--during which Devich discussed with prosecutors and defense attorneys the possibility of declaring a mistrial--Lai said some jurors had second thoughts.

“Some of the jurors are saying they would like additional time all of a sudden,” Lai, said, laughing nervously. Devich ordered them to return to the jury room.

The jurors’ request for additional time took both prosecutors and defense attorneys by surprise. Defense attorneys had emerged from their discussion with Devich appearing buoyant, apparently believing the judge would be forced to call a mistrial.

When the jury resumed its deliberations, lead defense attorney Michael P. Gibson formally requested a mistrial. But Devich declined, saying he would be “remiss” in doing so while the jury was deliberating.

Lai told Devich that the 12 jurors had taken only two votes--both on the issue of first-degree murder--during their deliberations. There was no indication how the jurors voted. Outside the presence of the jury, Devich criticized the number of votes.

“Two formal ballots on six months’ worth of trial is totally inadequate,” the judge said.

The jury’s action--indicating the members were deadlocked before voting on other charges, including second-degree murder or manslaughter--apparently stemmed from a trial instruction that requires jurors to unanimously decide on first-degree murder before considering lesser charges.

Lai also indicated that the jurors had not arrived at a unanimous agreement over whether Kyle or his father had fired the first shot in the gun battle that resulted in Henry Kyle’s death.

Defense attorneys contended during the trial that the defendant shot his father after Henry Kyle fired his weapon at his son. Prosecutors argued that Ricky Kyle fired the first shot.

The elder Kyle, 60 at the time of his death, was president of Four Star International Inc., a television and movie production firm, and had amassed a fortune in real estate holdings across the southwestern United States.

After a five-month trial, the Kyle case went to the jury on March 27, but after four days deliberations were suspended after a juror had conducted ballistics tests and asked Devich to allow her to share her results with her fellow jurors.

That juror was pulled off the jury, and the 11 original members and an alternate began deliberating anew on April 1.