A Florida judge has granted the defense a mistrial in the Home Depot murder case because of an “intransigent jury.”
After more than five hours of deliberations earlier this week, an Escambia County judge summoned Shelia Agee, who is accused of helping her son kill the mother of his child at a Pensacola Home Depot last year.
“A certain judge did not treat this case during the testimony as seriously as it should have, which continued during the deliberations,” Judge Coleman Robinson told WKRG.
The problems reportedly started when juror Sallie Sue Smith was caught doing a crossword puzzle while testifying, according to WEAR News 3.
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Keith Agee, 20, and his mother, Sheila, were allegedly texting him about his plans to kill Brooklyn Sims at The Home Depot in Pensacola. (Escambia County Sheriff’s Office)
On Tuesday, Smith was found to be correcting the puzzle during his testimony. The next day, he was found using another puzzle during an interview.
Smith told WEAR News that the puzzle “helped him focus,” and denied any intimidating behavior in the jury room.
“It was me,” Smith told WEAR News. “Well, I didn’t know it was bad. That’s what I do when I concentrate and listen. You couldn’t see the bench or the witness because it was dark. But I could hear it. .That’s the way I did it and I didn’t know anything and when they told me I shouldn’t have done it, so, today, when I’m going into the jury room for another crossword puzzle.”
Other jurors also later shared concerns about their safety during interviews with Judge Robinson.
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Sheila Agee, 50, is facing charges in the shooting death of Brooklyn Sims, 18, after allegedly helping her son plan the attack. (Washington County Jail)
“It’s just a piece of paper with a word puzzle written on one side and you don’t really know what’s on the other side,” Robinson said. “…I don’t remember the judge doing a puzzle during the trial.”
Over time, Judge Robinson questioned each judge, calling them, one by one, and asked if they felt it was safe to continue after the complaints were forwarded to him by security.
About 20 witnesses took the stand, and prosecutors took less than two days to close the case against Agee. However, due to problems with the judge, the trial was “so interrupted that it was not fixed.”
Smith did not say what his decision was about the decision, but he denied any threatening behavior to WEAR News.
“We retired to the jury room and began to deliberate,” Smith said. “It was clear to me from the start that I was a minority compared to 11 other people… At first, it started to make sense. A lot of shouting, and I can shout, too.”
“I have a big voice, but I’ve been yelled at by a lot of people,” Smith added.
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Keith Agee, 20, is charged with first degree murder and aggravated assault in the slaying of 18-year-old Brooklyn Sims. (Escambia County Jail)
Agee, 51, has been charged with first degree first-degree murder after police received text messages indicating he helped arrange the shooting of the mother of his son’s child, Brooklyn Sims, 18, who also worked with Sheila. .
Her son, Keith Agee, 20, was arrested by the Escambia County Sheriff’s Office in connection with the Aug. 11, 2023 The Sims.
“Based on the text messages, it is clear that Keith Agee’s mother, Sheila Agee, knew about and participated in the plan to kill Brooklyn Sims. Additionally, the text messages between mother and son highlight the mother’s involvement in helping to find the victim,” ECSO previously wrote. on Facebook.
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The department released the alleged messages between mother and son on its Facebook page, which it says happened before Sims was released. he was shot and killed.
“The murder itself is unbelievable, but knowing that my mother knew about it and helped put this together is unbelievable,” Sheriff Chip Simmons previously said on Facebook.
The case is expected to return to court on February 5.
“It will be necessary for another judge to come back and listen to evidence before another judge in the hope that those certain members will follow common sense, will follow the law, treat other judges with integrity and fairness. And they will reach a decision, “whatever it may be, that is a fair and just decision for both parties,” said Robinson.
Fox News Digital’s Elizabeth Pritchett contributed to this report.
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