By: By Frank Lewis
August 17, 2013
PDT Staff Writer
A man who saw his murder trial ended in a mistrial in January has had his new trial rescheduled. Scioto County Prosecutor Mark Kuhn said Terry V. Shepherd, 36, of 376 Dodds Rd., Otway, will be tried in the shooting death of another Otway man, Carl Douglas Tackett Jr., 30, of 1692 Bear Creek Rarden Road.
Judge Howard H. Harcha III declared a mistrial in the case after two incidents occurred the week of the trial.
“Sadly, we were probably within a day of finishing the case,” Scioto County Prosecutor Mark Kuhn said.
The first issue occurred when one of the jurors realized he knew one of the witnesses.
“He (juror) didn’t realize he did until he came to testify,” Kuhn said. “He found out he went by his middle name. He had been friends with him and had gone to high school with him. So he (juror) was excused because of that.”
That led to one of the alternate jurors moving into the active jury.
“Then, there was an incident where one of the witnesses for the state, one of the victim’s family who had testified to one of the jurors, either as she was coming or going, and said, ‘there’s one of them,’ and it made her uncomfortable,” Kuhn said. “He (the witness) explained to me that what he meant was - ‘there’s one of them, we had better get back in court.”
Kuhn said the problem that arose from that incident was that the juror discussed it with two other jurors.
Now the case is back on the docket for Aug. 26 at 9 a.m. in Scioto County Common Pleas Court.
Scioto County Sheriff Marty V. Donini said on March 8, 2012, deputies responded to a 911 complaint of a shooting on Dodds Road in Otway. The Sheriff’s report states that Tackett was found dead in Shepherd’s driveway. Shepherd was arrested and charged with one count of murder.
Donini said Shepherd and Tackett were arguing when Shepherd brandished a handgun and shot Tackett multiple times. Tackett was pronounced dead at the scene and transported to the Montgomery County Coroner’s Office for an autopsy.
Frank Lewis may be reached at 740-353-3101, ext. 252, or at email@example.com. For breaking news, follow Frank on Twitter @FrankLewisPDT.