NewsLocal News

Actions

No verdict on second day of deliberations in Ethan Liming case

Stafford brothers
Posted at 4:15 PM, Sep 22, 2023
and last updated 2023-09-22 18:20:49-04

It's been another full day of deliberations, and still no verdict in the high-profile case of Deshawn and Tyler Stafford, the two brothers on trial for the death of Ethan Liming.

Liming was killed following a prank with toy guns outside the I Promise school in Akron last summer.

Friday, the second day of deliberations, the jury went home without making a decision. The judge told the panel of seven men and five women to go home for the weekend and come back Monday to resume deliberations.

The case could be tricky for the jurors to consider because it involves two defendants and self-defense claims, and the longer the jury is out, the more people wonder if it could end up being a hung jury, according to University of Akron Law Professor Michael Gentithes.

While it's impossible to know what the jury is thinking, the longer deliberations last, the greater the chance of a hung jury— meaning that the jurors didn't reach a unanimous decision.

"It's really hard to predict sometimes. If there's a single holdout, you may not know, and it's just a matter of presenting the evidence in the arguments to that individual again. Sometimes, it's a deep division that is insurmountable," Gentithes said.

This particular trial is complicated because of the facts surrounding the incident.

According to testimony, Ethan and his friends used toy SplatRBall guns to shoot gel pellets at the Staffords, who were playing basketball on the I Promise School basketball court the night of June 2, 2022.

That prank led to a fight. The prosecution says that Deshawn threw the first punch, and then Tyler and a cousin joined in. Liming fell backward and died after hitting his head on the pavement.

Prosecutors say that the Staffords retaliated with unreasonable force, but the defense argues self-defense under Ohio's Stand Your Ground law.

While not speaking specifically about this trial, Gentithes explained scenarios that can lead to long deliberations.

"You may have holdouts that think self-defense does or doesn't apply or are debating a particular element of a crime," Gentithes said.

The deliberations could also be lengthy because the jury is considering the fate of not just one but two defendants.

"Certainly, the issues get more complex when more defendants are involved, and the facts might implicate one or the other," he added.

Gentithes says that if the jurors decide that they are deadlocked, the judge could decide to give them instructions to keep trying.

"And that often works. Sometimes just admonishing the jury to continue to make your best efforts towards agreement, continue considering their best efforts to reach a unanimous verdict," Gentithes said.