Judge Declares Mistrial In Melton Case After Two Jurors Dismissed In Fayetteville

FAYETTEVILLE -- The murder case of former Razorback football player Josh Melton ended in mistrial Wednesday after two jurors were dismissed.

Melton, 33, is charged with second-degree murder in the death of his friend, Michael Gover, 30, in August 2013.

Circuit Judge William Storey declared a mistrial just before the afternoon session was to begin. The case was tentatively set for retrial Oct. 20.

One juror was dismissed Wednesday morning, after a defense challenge, because he nodded off Tuesday afternoon while a video of Melton's interview with police was being shown. The alternate juror was placed on the panel.

A second juror was dismissed during the lunch break Wednesday after she told the judge during the break she could no longer reach a decision in the case.

With 11 jurors remaining, Storey was forced to declare a mistrial.

"This is something that is so unfathomable. It's not unusual to lose one juror, that happens, but to have this happen is unheard of," said Matt Durrett, chief deputy prosecutor. "We'll just go back to square one and do it all over again."

Durrett said he feels bad for Gover's family because of the emotional toll preparing for a trial can take and because there was no resolution for them.

"You get all amped up and squared away then something like this comes up," Durrett said. "It's frustrating, but that's just part of it sometimes. We just press ahead."

Melton told Fayetteville police he and Gover went to a couple of bars after a softball game and drank heavily. They ended up at Melton's home, 6316 W. Copper Ridge Lane, just south of Wedington Avenue.

Melton passed out and woke up to find Gover had thrown up on the living room floor, according to court documents. Melton told police in an interview Gover made lewd comments about having sex with Melton's girlfriend, Melton or both before grabbing Melton's genitalia.

Melton said he punched Gover several times in the face, causing him to collapse on the floor.

Melton went to bed, and when he woke up the following morning, Gover was dead on the living room floor, he said.

Drew Ledbetter, Melton's defense attorney, told jurors Gover had an enlarged heart and died of a heart attack. Ledbetter said Gover suffered a broken nose and the blood made Gover's superficial injuries appear worse than they actually were.

Melton called 911 after finding Gover's body and went to the Police Department for questioning, Ledbetter said.

Terra Stephenson, deputy prosecutor, told jurors Gover had an enlarged heart and was intoxicated but those factors combined with the beating from Melton caused Gover stress that led to his death. Stephenson said the state only has to prove the beating was a contributing factor to Gover's death, not that it was the primary cause.

Stephenson also said Melton acted with intent to injure Gover who, she said, wasn't fighting back.

"But for the beating he received, the victim would not have died that night," Stephenson said.

Prosecutors and police also said they believe, based on blood spatter on the walls of the room and the lack of blood under Gover's body, Melton beat Gover as he lay on the floor with a carry bag containing about 12 pounds of computer equipment.

Melton, a Batesville native, played for the Razorbacks from 1999 to 2002. He was the starting center as a redshirt freshman before being benched two games into his junior year. A preseason knee injury kept Melton off the field for most of the 2002 season.

If convicted, Melton faces six to 30 years at the Arkansas Department of Correction and fines of up to $15,000.