VIRGINIA BEACH, Va. (WAVY) — The prosecutors and the defense attorneys in the murder trial for suspect Jacquan Wilson had their request for a mistrial granted on Friday after jurors’ cars were reportedly broken into.
The trial was headed into its fourth day. Wilson is charged with murder, robbery and the use of a firearm in a felony in connection to the killing of Grassfield High School student Bryant Cueto in May 2016.
Four cars were broken into, including two belonging to jurors. Another belonged to Bryant Cueto’s friend. The cars were parked at the Virginia Beach Municipal Center on Thursday.
Virginia Beach Police dusted for fingerprints and are looking for the person responsible.
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Prosecutor Paul Powers said in court on Friday they don’t feel this was a random act and they worried the jury will feel intimidated by the crime, affecting their ability to reach an impartial verdict.
Judge Thomas Padrick originally disagreed with the prosecution and the defense team, stating in court that he thinks it will set a bad precedent. Padrick also said he felt it was a random act since they were some of the only cars in the lot and towards the back.
“This is the first time I’ve seen both sides request a mistrial,” Padrick said.
Powers told the judge he feared the jury could possibly no longer be impartial, fearing retribution over a possible murder conviction.
“These were not random acts,” Powers said.
The case was nearing an end. The prosecution was done and the defense wasn’t going to call any witnesses. The jury could have decided Wilson’s fate by the end of the day. Wilson’s attorney also asked for a mistrial.
Over the past several days, the jury heard a witness testify that Wilson shot Cueto inside a car in the Applebee’s parking lot on General Booth Boulevard. Wilson was 17 at the time.
Prosecutors say Cueto thought he was selling Xanax to Wilson for $350. They told the jury Tuesday that this wasn’t a drug deal, this was a robbery.
Jurors heard testimony, which included Cueto’s friend saying he saw Wilson fire the gun and a taped confession from Wilson when he was interviewed by police. Wilson’s defense team says the mistrial could help next time they are in court.
“We don’t want to give them (jurors) any reason to say ‘hey our client he must be guilty, he got somebody to do that,’” Wilson attorney Curtis Brown said. “We don’t want no thoughts like that to go through their minds.” “Well it should,” Brown added. “It will at least give us an opportunity to know exactly where they are coming from. It should help.”
Prosecutors say because of what happened, it seemed fair to everyone involved to have a mistrial.
Bryant Cueto’s family has been waiting for the justice for almost three years. They thought it would come with the trial for the man accused of pulling the trigger. They will now have to wait longer.
“We are going to get justice,” said Cueto’s mother Ginger Cueto. “It is just a matter of time.” “It’s been really hard,” Cueto said. “I thought this was going to be the end.”
Cueto’s family says it supports the commonwealth’s stance on the mistrial.
“Of course we are upset that we have to go though this all over again,” Cueto added. “It has been a hard, very long for all of us, so we are disappointed.”
“Justice will come,” Cueto said. “Jacquan decided the fate of my son and a jury will decide the fate of him.”
Prosecutors say it could take months to have a new trial. They tell 10 On Your Side it is tough juggling all the witnesses’ schedules.
Stay on WAVY.com for updates in this developing story.
