Juror changes mind, bails on 'guilty' verdict

Brevard judge declares mistrial for former Cocoa Deputy Police Chief Bobby Jones.

Published On: Dec 22 2011 09:50:58 PM EST  Updated On: Dec 23 2011 05:57:45 AM EST
Bobby Jones

Bobby Jones.  Image from Florida Today.

VIERA, Fla. -

Prosecutors will weigh whether to retry former Cocoa Deputy Police Chief Bobby Jones for battery after a guilty verdict read in court Thursday was thrown out when a lone juror changed her mind.

“No,” the woman said twice when asked by County Judge A.B. Majeed if she agreed with the guilty verdict that only minutes before she signed off on with five other jurors. It was an unexpected and dramatic twist that prompted Assistant State Attorney Pat Whitaker to stand, raise his arms in bewilderment and say he had “never had this happen.”

Jones was charged with misdemeanor battery after his then-girlfriend, Cara Allain, 22, reported being punched and dragged by the off-duty deputy chief outside of a Melbourne pub Dec. 18, 2010.

Majeed declared a mistrial after jurors were polled individually in open court following the verdict’s reading. The declaration halted a preceding that could have seen the 19-year law enforcement veteran remanded into custody for a sentence of up to a year in jail.

“The verdict is not a unanimous verdict. I cannot pronounce the defendant guilty in this matter ... a mistrial is granted,” Majeed said after the defense motioned for the trial to be dismissed. Florida law requires that a jury verdict be unanimous for a conviction.

Jones, with his mother, attorney, family and friends by his side, denied the charge and wanted an acquittal. During the last year, Jones — who taught hundreds of police recruits — quit his post as second-in-command of Cocoa’s police department, saw his career as a law enforcement officer end and watched his personal life crumble. He moved to Arizona to live with his brother, Local 6 News partner Florida Today reported.

Jordan Kramer, Jones’ attorney, said he was surprised by the juror’s action and would rebuff any efforts to refile the battery charge.

“Mr. Jones was looking for closure today ... We’re just glad the process is in place where we can poll the jury. That’s why I asked,” Kramer said.

Allain, earlier seen dabbing away tears as Whitaker told jurors she was manhandled by Jones, left the courtroom without comment.

Whitaker said a decision on whether to file for a second trial would come later.

“I think it’s not over. We have to consider a course of action. This was unusual,” Whitaker said.

The lone juror who changed her mind was escorted out of the courtroom with the other jurors before she could comment.

The state and defense rested their cases before noon, offering two different pictures of what happened between Jones and Allain. Whitaker argued that Jones flew into a rage, striking the 120-pound woman in the throat and chest over a discussion about his brother.

Jones took the stand, denied talking about his brother and said Allain was intoxicated, demanding her car keys.

“I did not punch her in the throat ... I’ve never punched her, period,” Jones testified. Jurors deliberated two hours.

Eric Robles, 47, an alternate juror, raised questions.

“I think the prosecutor presented a case as it was told by (Allain), but the pictures I saw did not say what she said about being hit as hard as she said she was,” he said. “I believe she was touched, but I don’t see any evidence he maliciously battered her.”

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