Juror Rescinds Vote in Manslaughter Case : Courts: Panelist’s change comes during judge’s polling. Group is sent back to deliberate and it later convicts defendant in the traffic death of a boy, 8.

A juror in a vehicular manslaughter case tried to rescind his vote for guilty at the last minute Tuesday, but later joined his fellow jurors in convicting a Yorba Linda man after the panel was ordered back into deliberations.

The juror, Chuck Denmark, stunned the courtroom as the jury was being polled individually on the guilty verdicts against defendant Brandon Wattier, 22, who was charged with vehicular manslaughter and hit-and-run driving in the death of an 8-year-old boy last year. When asked if he agreed with the jury’s finding, Denmark answered with an emphatic, “No.”

Superior Court Judge David T. McEachen held a brief meeting in chambers with Denmark, the prosecutor and the defense attorney before ordering the jury back into deliberations. About 30 minutes later, the jury returned and reaffirmed its guilty verdict on the felony vehicular manslaughter charge. Wattier clasped his hands and bowed his head after the jury also pronounced him guilty of misdemeanor hit-and-run driving.

Wattier was accused of causing an accident that killed Wesley Straw of Moreno Valley on Oct. 10, 1993, as the youngster and his father were driving south on the Costa Mesa Freeway near Chapman Avenue.

Outside of court, Denmark said most of the jurors considered Wattier guilty from the outset of the deliberations, while he had reservations and wanted to discuss the evidence further.

“I just felt there was a possibility of reasonable doubt,” Denmark said. “I thought (the jury polling) was the time to rescind my vote.”

Denmark said he believed he was allowing his emotions about the case to cloud his judgment. But he said he went back into the jury room, discussed the case with fellow jurors and decided once again to find Wattier guilty. He said he was worried his fellow jurors would be angry with him, but he added they were not.

“They were very supportive, they were very compassionate about the whole thing,” he said.

Deputy Dist. Atty. Steve Yonemura said he was stunned by the incident.

“I think it’s very unusual--you don’t have jurors saying, ‘No,’ at the last minute,” he said. “It caught me by surprise. I think it caught everyone by surprise.”

Defense attorney Jeff Kent said he believes the incident will be grounds for an appeal.

“I think Mr. Denmark feels Brandon was not guilty of felony vehicular manslaughter, and that due to the pressure of the other jurors he succumbed . . . and changed his verdict,” Kent said. “I think the judge should have declared a mistrial.”

The prosecutor disagreed.

“He want back in there and had a chance to talk it over again and I’m glad he did that,” Yonemura said.

Prosecutors say Wattier caused the crash while speeding and driving recklessly. But the defense blamed the crash on another driver who allegedly forced Wattier’s car onto the shoulder. They contended that Wattier struck the victim’s car as he tried to negotiate his way back onto the freeway.

Wattier suspected that he clipped the vehicle that forced him off the road and did not immediately call police to report the accident. Wattier had a friend contact authorities when he learned a child was killed and police were seeking a car fitting his vehicle’s description.

Wattier was still reeling from the jury’s verdict late Tuesday.

“He’s in shock,” Kent said. “He really hasn’t said a word about it, but he feels he’s been wrongly convicted.”

Wattier is scheduled to be sentenced Feb. 3. He faces up to six years in prison on the vehicular manslaughter charge.