YOUNGSTOWN — An appellate court has ruled that the trial judge erred in freeing from jail the suspected driver in a rolling gun battle with police and in declaring that the suspect could not be retried after a jury deadlocked in his case.
The unanimous ruling came Thursday from the 7th District Court of Appeals in the case of Duniek Christian, in which Judge James C. Evans of Mahoning County Common Pleas Court declared a mistrial due to a hung jury.
In a victory for the prosecution, which appealed Judge Evans’ decision, the appellate court sent the case back to Judge Evans for further proceedings on the counts upon which the jury deadlocked.
Christian’s lawyer, Lynn Maro, could not be reached for comment Friday on whether she would appeal the decision to the Ohio Supreme Court.
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