Judge declares mistrial in murder-for-hire trial of Waco attorney Seth Sutton
Jurors deliberated more than 12 hours without reaching a unanimous verdict
https://www.kwtx.com/2023/08/18/judge-declares-mistrial-murder-for-hire-trial-waco-attorney-seth-sutton-after-jurors-deliberated-12-hours/
By Tommy Witherspoon and KWTX Staff August 18, 2023
WACO, Texas (KWTX) – BREAKING: A judge has declared a mistrial in the murder-for-hire trial of Waco Attorney Seth Sutton after jurors deliberated for 12 hours without reaching a unanimous verdict.
The jury foreman told the judge he didn’t see further deliberation leading to a unanimous verdict. While at least six jurors declined to comment after, court officials said that at one point during deliberations the jury was deadlocked 9-3 in favor of guilt.
It was not clear what the final split was among the jury when the judge declared the mistrial.
Earlier in the evening, jurors wrote in a note to the judge that they were at an impasse, but were ordered by the judge to return to the jury room to continue deliberations.
The judge brought the jury into the courtroom and issued an Allen Charge, which essentially tells the jury to continue working to try to reach a verdict without anyone compromising his or her conscience. The judge told them if they fail to reach a verdict, then everyone’s time would have been wasted.
The jury returned to the jury room to keep working. Later in the evening, the jury sent the judge another note letting him know they were hung up on the definition of solicitation.
The judge referred them to the provision in the court’s charge stating a person commits the offense of criminal solicitation to commit capital murder if, with intent that a capital murder be committed, he requests, commands, or attempts to induce another to engage in specific conduct that under the circumstances surrounding his conduct, as the actor believes them to be, would constitute capital murder.
Sutton was seen hugging his wife and relatives shortly after the mistrial was declared. Defense attorney Clint Broden said he was unsure how the case would be handled going forward because that was up to the attorney general’s office.
Assistant District Attorney Matt Shahan declined comment after the trial, and referred questions to the public information officer with the attorney general’s office.
During this week’s testimony, an undercover Waco police officer who infiltrated Sutton’s local motorcycle club, the Red Mouse Cult, testified that Sutton asked him to help him kill fellow Waco attorney Marcus Beaudin.
Beaudin is under indictment on charges he molested a young female member of Sutton’s family when she was 14.
The officer testified that he, Sutton and Sutton’s former co-defendant, and Beaudin’s ex-wife, Chelsea Tijerina, plotted to kill Beaudin.
he officer said Sutton gave him $300 in cash with which to buy an unregistered 9 mm revolver, $40 for ammo and gas and another $50 as a bonus for the gun seller.
Sutton and Tijerina were arrested later that day after the officer relayed to other officers that the money for the alleged hit had changed hands.
Tijerina, who also was an attorney, was killed the following year in a motorcycle accident in Hays County.