FAYETTEVILLE — Circuit Judge William Storey declared a mistrial Thursday in the rape and robbery trial of Arjel Gold of Springdale.
A Washington County jury of seven men and five women deadlocked on two felony counts of rape and one count of robbery after deliberating more than four hours Thursday. The trial began Tuesday.
After more than three hours of deliberation, the jury’s foreman told Storey the jury was deadlocked 11-1 on one rape charge and 6-6 on the other two charges.
Legal Lingo
Mistrial
A courtroom trial that has been terminated before its normal conclusion is a mistrial and has no legal effect. A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked jury. A deadlocked jury, where the jurors cannot agree over the defendant’s guilt or innocence, is a common reason for declaring a mistrial.
Source: legaldictionary.com
“We’ve all been passionate and we’ve all been honest,” the foreman said. “I don’t think there will be any resolution.”
After another hour, the jury had gone from voting 6-6 on one rape count to 8-4, but their votes did not change on the other charges. Jurors gave no indication if they were leaning toward conviction or acquittal on any of the charges.
“Arjel Gold has consistently maintained his innocence,” said Tony Pirani, his attorney and a public defender. “We appreciate the jury’s work.”
Storey set a new trial for Sept. 12.
Gold was charged in an Oct. 9 incident in which a woman claimed he sexually assaulted her between two duplexes on Adrian Avenue in Springdale. Gold said the sexual contact between the two was consensual.
The woman left a birthday party after an argument at a home on nearby Amhurst Circle. She walked to Butterfield Coach Road and Adrian Avenue, where she said she approached a group of men, including Gold, looking for a ride home to Huntsville.
“She might have been guilty of bad judgment, but that doesn’t give the defendant the right to take advantage of someone,” said John Threet, prosecutor, in his closing argument.
The jurors were told a sexual incident occurred as the pair walked to a house to retrieve a vehicle. Gold said the house was owned by his sister.
The woman had several injuries on her neck, body and legs, which Gold claimed were “hickies.”
Gold ended up with the woman’s cellphone and ID, which he claimed she gave to him.
Pirani told jurors that much of the woman’s story didn’t add up. He questioned if she had made the rape allegation because she regretted having sex with Gold.