Murder case ends in mistrial

By Linda Cicoira

A mistrial was declared on Wednesday in Accomack Circuit Court on the second day of a murder trial after three jurors were unable to complete their civic duty, thereby leaving the jury panel with fewer than needed to render a verdict.

Thirty-five-year-old Ceonta Jamar Kellam, of James Allen Drive in Machipongo, had pleaded not guilty to counts of first-degree murder, use of a firearm in a felony, arson of personal property worth more than $200, being a violent felon in possession of a gun, and destroying evidence of a felony.

The body of 30-year-old Warren Thomas Fosque III, formerly of Horntown, was found in the woods about 50 feet from his work truck last December. The vehicle had been burned down with only metal remaining and was in the middle of Greenhill Road in New Church. Fosque had been shot to death. Shell casings were found on the ground on the passenger side of the truck.

Judge Lynwood W. Lewis Jr., Commonwealth’s Attorney Spencer Morgan, and Defense lawyer Patrick Bales conferred earlier in the day after seeing one of the jurors nodding off during the proceeding. Lewis excused the woman identified only as Juror 48 after she admitted she had fallen asleep both days and didn’t know how long she had slept.

“This is a very, very important matter,” the judge said. “The fact that she admitted to sleeping. We can’t afford for you to continue … so you are excused,” Lewis said.

When two other jurors learned that the trial would extend into a third day, they felt they could not continue. Twelve were needed. Fourteen were selected, as is the usual practice, with the idea that two of the jurors would serve as alternates or extras. Alternates are not identified until just before deliberations begin. Regardless, there were only 11 left and not enough to proceed.

Prosecutor Morgan had called more than 20 witnesses and had not yet rested when the issue arose late Wednesday. Bales motioned for a mistrial, which was inevitable.