KIMBERLY HEFLING
Associated Press Writer
HOPKINSVILLE, Ky. (AP) -- A judge declared a mistrial in the case of a former Murray State University student accused setting a dormitory fire that killed one student and severely injured another.
Jerry Walker, 25, was being tried on charges of murder, arson and assault in the 1998 blaze.
Ten of the 12 jurors were in favor of acquittal when they told the judge they had deadlocked after about four hours of deliberation, juror Jim Ausenbaugh said.
Walker had tears in his eyes after the hearing. ``I'm glad it's this way,'' he said. ``I just wish the other two (jurors) had gone the same way.''
It will be up to the prosecution to decide whether to retry the case, Walker's attorney said. He said Walker would not consider a plea agreement.
Special prosecutor Jay Wethington didn't comment after the trial.
In closing arguments, Wethington said Walker repeatedly lied to police about his whereabouts before the fire and then attempted to pass the blame by writing six cold and calculated letters.
``You don't mess around like Jerry Walker did unless you have a reason,'' Wethington said.
But defense attorney Richard Null said someone else started the Sept. 18, 1998, fire that killed Michael Minger, 19, of Niceville, Fla., and seriously injured Michael Priddy, 22, of Louisville.
Null said Walker acted ``stupid'' by writing the first letter, which accused another fourth-floor resident of setting the fire. He said Walker did it because he was jealous of the friendship between his girlfriend and the resident.
That letter, which Walker gave to authorities, prompted investigators to begin looking at him as a suspect. Charges previously filed against seven people connected to the university rugby team were soon dropped.
During the trial, Null said Walker lied to police about his whereabouts and wrote the letters because he felt trapped.
He said there was no evidence in the trial to show Walker started the fire or had brought in gasoline, which officials determined fueled the blaze.
Wethington acknowledged the evidence in the case was circumstantial, but he said it was overwhelming. Surveillance photos and a receipt showed Walker purchased about $1 worth of gasoline 30 minutes before the fire started. During the fire, Walker was rescued from his dorm window.
Walker was a senior at the time of the fire and didn't graduate from Murray State. He now works as a youth minister and at a car wash.
Minger's mother, Gail Minger, testified during the trial.
``I'm speechless,'' she said after the judge declared a mistrial in the case. ``It's beyond words.''
