POTTSVILLE - They deliberated almost 20 hours over three days, but in the end, jurors in the capital murder trial of a Reading man who allegedly shot a Shenandoah man in his home could not reach a verdict Tuesday on any of the 12 charges in the case.
"I am going to declare a mistrial" in the case of Julius C. Enoe, Schuylkill County Judge Jacqueline L. Russell, who presided over the seven-day trial, said Tuesday morning. "The jury is hopelessly deadlocked."
Enoe, 32, who was facing the death penalty for allegedly killing Bruce L. Forker, did not react when Russell made her pronouncement.
After Russell excused the jury of seven women and five men, and one member of Forker's family wept, Enoe returned to prison, where he is being held without bail pending final resolution of the charges against him. The failure of the jury to reach a verdict does not mean Enoe goes free.
District Attorney James P. Goodman, who prosecuted the case along with Assistant District Attorney A.J. Serina, said he will bring Enoe back to court.
"It was a difficult case. We'll move forward and we intend to try him again," Goodman said. "We're disappointed there was no verdict."
Goodman said he would consult with state police and Forker's family before deciding whether to again seek the death penalty against Enoe.
Because there was no verdict on any of the charges, prosecutors can try Enoe again without violating the constitutional prohibition against double jeopardy.
Robert J. Kirwan II, Reading - who along with Jeffrey M. Markosky, Mahanoy City, defended Enoe - also found the verdict frustrating, although for different reasons than Goodman.
"We were disappointed that the jury was not able to reach a verdict," Kirwan said. "We believe strongly in Julius' innocence."
He said Enoe, who must remain in prison without bail because he faces a first-degree murder charge, also was disappointed in Tuesday's result.
State police at Frackville filed the charges, including criminal homicide, conspiracy, robbery, burglary, theft, simple assault, two counts of aggravated assault and four of recklessly endangering another person, as the result of the shooting of Forker, 24, about 2:20 a.m. March 16, 2010, in his 333 E. Centre St. home.
Police alleged Enoe and his nephew, Jahmal Ollivirre, 20, of Reading, broke into the home Forker shared with his fiancee, Kasa Brennan, and their two children. A third man, Damon L. Ennett, 30, of Freeland, waited outside in the car, police said.
Once inside, Enoe took Forker upstairs, where he put a gun against the back of his head and shot him, according to police. Meanwhile, Ollivirre took Brennan upstairs but did not shoot her, police said.
Police said the pair fled, taking about $5,000 and two of Brennan's cellphones.
Brennan, who could not identify either man who broke into her home beyond the fact that they were black, Ennett and Ollivirre were the principal witnesses against Enoe.
Ennett and Ollivirre have signed cooperation agreements with prosecutors that required them to testify truthfully against Enoe. As part of those agreements, prosecutors are recommending state prison sentences of 13 1/2 years to 27 years and 15 years to 30 years against Ennett and Ollivirre, respectively.
Each testified Enoe and Ollivirre entered the house while Ennett remained in the car. Each also said Enoe shot Forker.
Prosecutors took more than 3 1/2 days to present their case, while the defense took about half a day. Enoe testified on his own behalf, denying he even was in Shenandoah at the time of Forker's shooting.
Jurors began their nearly 20 hours of deliberations about 3 p.m. Friday. They deliberated about 9 1/2 hours into early Saturday morning before Russell excused them for the weekend.
They resumed deliberating about 11:45 a.m. Monday and continued about 8 1/2 hours before again being dismissed Monday night. Again, they resumed deliberating about 9:30 a.m. Tuesday, but discussed the case for only about another hour before stopping.
"I received a note from the jury saying you're not able to reach a verdict on any charge," Russell said.
"Yes, Your Honor," the foreman said.
After determining the jury was hopelessly deadlocked on all charges, Russell declared the mistrial.
This was the first time Goodman had brought a death penalty case to trial since he was elected in 2005. The two previous cases in which he had sought a death penalty had ended with pleas - one guilty and the other no-contest - by the defendants, with life sentences imposed against them by the judges.