A judge declared a mistrial Tuesday in the manslaughter case against former Pike County sheriff’s deputy Terry Beadles in the March 15, 2015, shooting death of Troy Boyd on McEwen Swamp Road.
Just moments into prosecutor Marty Arrington’s opening statements, Beadles’ attorney Ronnie Whittington asked to approach the bench.
After a 10-minute discussion, Circuit Judge Frank Vollor cleared the jury from the courtroom and met with the lawyers in his chambers. Vollor returned after the short recess and told jurors there was a “legal issue” and thanked the jury for their service.
Whittington said the mistrial was warranted due to the fact that Arrington made several references to Beadles’ possible testimony, which could have been determental to the defense.
“He made that reference a couple of times that you will hear three sides, — from the witness, one from Beadles and one from physical evidence. And then finally he said and turned and gestured toward Mr. Beadles, ‘He will tell you,’ ” Whittington said.
“It’s improper to refer or make reference to a defendant’s right to testify or not testify or whether he will testify. ... That is grounds for a mistrial, and we felt we had to make that motion after more than one reference. It’s frustrating, but it happens.”
Whittington said Beadles will likely face a new trial in August.
Beadles was indicted for manslaughter for allegedly shooting Boyd during a pursuit in rural Pike County after deputies went to McEwen Swamp Road when a neighbor reported Boyd was bleeding, acting erratically and armed with a machete.
In his interrupted opening arguments, Arrington told the jury about Boyd. He said Boyd was a electrician by trade but was out of work.
“He went to the Topisaw Creek ... and did a little fishing. Then, he went and hung with his friends and he’d been drinking,” Arrington said. “He’d probably smoked a little marijuana and he was riding a four-wheeler.”
He said Boyd had blood on his face when someone saw him and thought he needed help and called for deputies.
Arrington said Beadles and former deputy Michael McDonald responded to the call.
“They were just there to check on him,” he said.
Arrington told jurors they would hear three versions of what happened — one from a key witness, what the physical evidence shows and from Terry Beadles.
“But it will still prove the guilt of Terry Beadles,” he said.
Arrington said Beadles arrived on the scene first and Boyd was on the four-wheeler. Beadles exited his car and went to Boyd.
“Beadles said he approaches him and tells him to get off,” Arrington said.
But Boyd didn’t comply, he said.
“So, Beadles grabs Boyd’s arm, Boyd swings his other arm around and hits the gas on the four wheeler, dragging Beadles,” Arrington said.
Arrington said Beadles got up and ran back to his car and jumped in to catch up with Boyd, with McDonald following.
He said a chase ensued down McEwen Swamp Road, a narrow curvy road near Felder’s Campground.
“There’s not a lot of room to pass,” Arrington said.
The chase then went to Archie Boyd Road.
“When you get to Archie Boyd, the road widens. That’s when Beadles said he passed Boyd and got in front of him,” he said.
“So, there was a chase. It’s not quite an O.J. Simpson chase, but there was a chase,” Arrington said, “So, it was cop car, four-wheeler, cop car.”
Arrington said Ronnie Travis heard the sirens up the road and went to his porch to see what was happening.
“Travis is going to tell you that he saw a car or a gray SUV parked diagonally in his mother-in-law’s driveway,” he said.
As Arrington continued with his remarks, he pointed at Beadles and said, “And he will tell you.”
That’s when Whittington cut Arrington off and asked to approach the bench, after which the mistrial was declared.
The Mississippi Supreme Court appointed Vollor, a former circuit judge from the Vicksburg area, to preside over the case.
The Mississippi Attorney General’s office had been in charge of the prosecution, but Vollor removed its involvement in the case earlier this year after Whittington argued that Attorney General Jim Hood used Beadles’ case as leverage for re-election with the publication of a press release about Beadles’ indictment.
Arrington, who is the district attorney in Copiah County, was appointed to take over the prosecution.
Beadles was initially placed on administrative leave but was allowed to return to work as a shift supervisor for former Sheriff Mark Shepherd following his indictment.
