DENVER | The trial of a man accused of killing a Colorado deputy ended in a mistrial partly because of the coronavirus pandemic.
An Adams County District Court judge issued the written mistrial ruling Monday in the case of Dreion Dearing, who was charged with fatally shooting Adams County Sheriff’s Deputy Heath Gumm during a chase in 2018, The Denver Post reports.
The trial was previously delayed because of safety and fairness concerns surrounding the coronavirus, and District Attorney Dave Young of the 17th Judicial District withdrew the death penalty option in late March.
The pandemic and the removal of the death penalty pushed District Court Judge Mark Warner to order a mistrial.
“The current pandemic and the resulting preventative measures impact the public’s access to this trial, affect the jury pool and create prejudice and fear in prospective jurors forced to come into the courthouse,” Warner wrote.
Some prospective jurors “broke down and cried” while filling out questionnaires because of fears of COVID-19, and the court did not have a “reasonable method to adequately protect” jurors in the courthouse, Warner wrote.
For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death.
Dearing’s case can be rescheduled for another trial, district attorney’s office spokeswoman Sue Lindsay said. A spokeswoman for the Colorado State Public Defender’s office, which is representing Dearing, did not immediately return a request for comment Tuesday.
