CHARLESTON, W.Va. — A Kanawha County circuit judge plans to issue a modified Allen Charge to a 12-member jury that has yet to reach a verdict in a Charleston murder case.
Tremaine Jackson, of Charleston, allegedly shot and killed Bryan Rogers of Ripley, during what prosecutors allege was an argument about a drug debt two years ago on Charleston’s West Side. The jury got the case last Thursday evening but still didn’t have a verdict when Judge Charlie King sent members home Monday evening.
The panel passed two notes to King Monday saying they were unable to reach a verdict. He sent them out for a break after the first note and then sent the members home after the second note, saying he planned to issue a modified Allen Charge.
An Allen Charge is used by a judge to formally urge a deadlocked jury to come to a decision. It usually includes a reminder of their responsibility as jurors. The Allen Charge option was used in the 2015 federal trial involving former Massey Energy CEO Don Blankenship.
The jury in the Jackson trial has asked King several questions focused on the choices they have when it comes to different verdicts and what the word “intent” means.
Jackson testified last week he didn’t shoot Rogers. Prosecution witnesses have placed him at the scene. The jury also saw a video-taped confession.
This is the second time Jackson has been on trial in connection with Rogers’ death. His first trial ended in a mistrial last fall after a member of the jury went to the crime scene on her own.