Friday, August 30, 2013

Calhoun County prosecutors tell WLJS news anchor Ed Moore III that a judge has declared a mistrial in the case of an Anniston man accused of stabbing his co-worker to death in 2010.

Jacksonville, Alabama (WLJS) -- A mistrial was declared Friday morning by Calhoun County Circuit Judge Bud Turner during the murder trial for 38-year-old Terrence Lamont Allen of Anniston in the September 2010 stabbing death of 39-year-old Dimir Ranz Burton, also of Anniston, WLJS news anchor Ed Moore III has learned.

Sources say a juror accessed the Internet on his smartphone outside of jury deliberations to research laws concerning self defense and manslaughter, then brought the information back to court Friday, which went against jury instructions.

Allen's attorney says Burton was stabbed in the head by Allen in self-defense during the 2010 physical altercation at The Car Exchange on South Quintard Ave in Anniston.

Calhoun County Assistant District Attorney Randy Moeller, one of the prosecutors trying the case, says he was disappointed with the judge's declaration but understood why it had to happen. "I can understand the motivations of the juror in doing their own research," Moeller told Moore. "That doesn’t mean I am any less disappointed because the judge presented instructions every day."

When Moore asked Moeller if he felt that the jury would have convicted Allen had the mistrial not been declared, Moeller said the only way to tell is to allow the judicial process to complete itself. "The [court] will have to choose a brand new jury. It could happen as early as October 7. If we don’t reach it this year, it will happen sometime in 2014."


Here is what is believed to have happened during the altercation:

On September 14, 2010, an argument broke out between Allen and Burton, who were co-workers at their place of employment at the Car Exchange on the 1900 block of South Quintard Avenue in Anniston.

Burton and Allen got into an argument after Burton drove a for-sale motorcycle to put gas in it. Allen worked as a mechanic and said his supervisor instructed him not to fix the bike and it would need to be sold as-is.

The argument then turned into a physical altercation. Allen told jurors that Burton punched him multiple times and attacked him with a tire iron as well as a shovel.

After which, Allen stabbed Burton in the skull, according to him, in self-defense and in fear of further physical harm. Allen then drove himself to the Anniston Police Department to speak with officers and he was originally charged with assault. When Burton died of his injuries on September 20, Allen was charged with murder.

Allen told jurors on Wednesday that he had known the victim for 15 years and considered him a friend.

Prosecutors say despite Allen's claims of self-defense, they say Burton was almost 25 feet away from Allen when he stabbed him and that Allen had ample opportunity to walk away from the confrontation.

“You cannot defend yourself against an unarmed person 25 feet away from you with his back turned,” Moeller said.

Witnesses also say that the fight was already over between the two men when Allen stabbed Burton.

Allen's attorney, David Johnston, maintains that his client was defending himself during a violent situation and therefore cannot be guilty of murder.

“When someone is out of control and won’t stop, what do you have to do? Defend yourself. That’s exactly what he did,” said Johnston.

When retried, Allen could face up to life in prison if convicted.

Prosecutors say the mistrial will not change Allen's status of being free on bond until he has been found guilty or violates the conditions of his bond.

(C) 2013 - This report was made through WLJS News in Jacksonville, Alabama

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