Murder trial ends in mistrial

A mistrial was declared in the trial of Tyler Yarbrough, 35, of Prescott, who was accused in the 2018 shooting death of Jerrun Lewis.

During the trial and in opening statements, the state relied on forensic evidence that they said discredited Yarbrough's version of events, in which he claimed that Lewis attacked him with a knife and he shot him at close quarters.

Dr. Charles Kokes, chief medical officer of the State Crime Lab, testified that his analysis of Lewis did not show evidence of a gun being fired at close range and that one of the wounds was located below his buttock with an entry wound on his abdomen.

Deputies and CID officers from Ouachita County Sheriff's Office also testified about their forensic knowledge and the location of shell casings at the crime scene, which the State said further indicated that shooting did not happen at close range.

During the defense's case, Sylvester Smith, III called one witness who indicated that after the shooting Yarbrough had what appeared to be knife wounds and blood on him.

During closing statements, State Deputy Prosecutor Phillip Stone said, "In opening arguments, I told you here's what the case is going to be. Mr. Yarbrough's attorney told you, 'You're going to hear this. You're going to hear that. My client is going to testify.' That didn't happen."

Following Stone's comments, Smith asked to approach the bench and speak with Judge Robin Carroll.

After a brief recess Judge Carrol declared a mistrial, explaining that Stone's reference to Yarbrough not taking the stand to testify could have potentially influenced the jury.

"Ladies and gentleman, first let me start with an apology, but also an explanation. Under the law, I have no other option other than to grant a mistrial in this case. I apologize that you sat here for a day and a half, but understand that if I don't declare a mistrial, this case would just come back on appeal, if it were appealed. With that I will let you leave," Carroll said.

Part of the instructions the jury received on the first day of the trial said that Yarbrough not testifying was not an admission of guilt or innocence and should not be considered when rendering a verdict.

According to police, Yarbrough admitted on June 2, 2018 to shooting Jerrun Lewis with a .40 caliber Springfield XD automatic pistol he owned.

A witness told police the shooting started after Yarbrough and Lewis got into an argument when Yarbrough lost a game of dominoes. The witness said he told the two to quit fighting and eventually to leave. From inside his residence, the witness heard two gunshots and went back outside to find Lewis lying on the ground, shot, according to police.

Yarbrough told investigators he had been at the residence since noon that day playing dominoes, drinking and eating, according to a police affidavit. Lewis pulled a knife on him, Yarbrough said, and he ran toward his truck as Lewis chased him.

Yarbrough reported that Lewis grabbed him and they were fighting, at which time he reached into his truck, retrieved his gun and shot Lewis twice, according to the affidavit. He said the gun then jammed. Yarbrough showed investigators two minor injuries on his arms where he said he was cut by Lewis, as well as an abrasion on his forehead, according to records. Yarbrough stated that he was being "manhandled" by the bigger Lewis and had to protect himself, the affidavit says.

After first responders arrived on the scene, Lewis was transported to the Medical Center of South Arkansas in El Dorado where he later died, and "Yarbrough was treated with band-aids and released from the ER," according to the affidavit.

According to court records, a witness told police Yarbrough and Lewis "were going back and forth at each other about the game" and "Yarbrough stated he was going to get his gun and started walking to his truck." The witness said Lewis took off behind Yarbrough as Yarbrough walked to the passenger side of his truck.

The witness said he did not see a knife at that time, according to court records. Once both men were at the side of the truck, the witness stated that he observed them fighting for about 10 seconds, then observed Lewis lying on the ground, records state.

When deputies responded, they located the gun in the driver's side seat of the vehicle, along with two spent shell casings and a knife on the ground at the rear passenger side of the truck.

"I'm really disappointed. I believe we had this case won. I believe here in Ouachita County there is a strong support of the right to bear arms. There's a lot of gun owners in the county, there are a lot of people who are very reasonable and understand when a man cuts you with a knife, not once, not twice, but three times you have a right to defend yourself," Smith told the Camden News after Judge Carroll declared the mistrial.

Smith continued, "I believe that jury was going to find my client not guilty; unfortunately due to a technical issue that came up, we had to stop the trial, so my client won't get justice today. Hopefully the state will reevaluate this case in light of the fact that it's uncontroverted -- he was attacked with a knife, he was cut, he was injured -- and look at this the way they should have -- he was just a good guy with a gun looking to get home to his children -- and then drop these charges."

Stone declined to make a statement.

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