Judge declares mistrial after police report juror’s connections to defendant

CEDAR RAPIDS — A judge declared a mistrial Wednesday in the case of a man charged with possessing a gun as a felon after police officers recognized a juror as being an associate of people connected to the man on trial.

Sixth Judicial District Judge Kevin McKeever declared a mistrial on the second day of the trial after police officers and Linn County Attorney Nick Maybanks made him aware of the juror’s associations with defendant Royal R. Jones, 19.

The juror isn’t being named at this time in accordance with The Gazette’s policy of not identifying jurors unless they agree to talk to a reporter.

Maybanks said police officers who were testifying in the case recognized the juror. After doing some background investigation, they determined she was a known associate of individuals that Jones knows and who were “involved in shots fired and firearm incidents.” The officers also believe she likely knows Jones.

A phone call Jones made from the Linn County Jail after the first day of his trial confirmed he was familiar with the juror, referring to her by a nickname, Maybanks said.

Officers also told the court the juror had been detained as part of a shots-fired investigation at 1748 C Ave. NE that involved Jones’ known associates. That incident happened about six months before Jones was arrested at the rental house May 19.

They also told the judge about a social media post the juror had made, saying she had jury duty and that the person on trial would be freed and found not guilty.

Criminal charge

The juror also wasn’t honest about her criminal history. It was discovered that she has been charged in Dubuque County of interference with official acts resulting in bodily injury.

The juror was arrested after an April 5 disturbance at the Dubuque County Jail when she resisted deputies’ commands by attempting to pull away. One deputy suffered abrasions to both of his forearms and a cut on his thumb in the incident.

According to online court records, the juror has had several misdemeanor convictions, including theft, possession of marijuana, accessory after the fact, criminal mischief, violation of probation and harboring a runaway.

The woman is eligible to serve on a jury because she hasn’t been convicted of a felony. However, she didn’t disclose any of her arrests during jury selection, which the lawyers and judges ask potential jurors to do so both the defense and prosecution have a fair trial.

“In the end, it was fairly clear that the state was not going to get a fair trial,” Maybanks said. “Had the information been disclosed or known, this juror would likely have either been excused for cause or struck by the state.”

Maybanks said Jones will be will be retried at a later date.

It is unclear whether the juror would face any charges, such as contempt, for her conduct. Maybanks said he is looking into whether criminal charges are warranted.

Site of shots-fired

Jones, who was on probation for robbery and gun convictions, was the first person arrested May 19 after several incidents of shots-fired at the rental house at 1748 C Ave. NE. Neighbors told The Gazette they had been terrorized by the gunfire for months and in some cases bullets had come through their houses.

The rental house is owned by Charles Davisson, who operates as Property Holders. According to a criminal complaint, the house was under surveillance in May by the Police Community Action Team, which focuses on gun violence and problem offenders.

The address has been associated with several individuals known to carry guns, the complaint said. One of them, Jones, was with two others leaving the house that day under “suspicious circumstances,” according to the complaint. An officer approached Jones, who ran from the officer and refused to “obey lawful orders” during a foot pursuit.

The officer fell during the pursuit and then saw Jones make an “exaggerated gesture with his right hand on the front of his pants, “as if to reach for a firearm,” the complaint stated. When Jones was caught minutes later, the officer retraced Jones’ path and found a firearm without a serial number, known as a “ghost gun.”

Jones is charged with being a felon in possession of a firearm and interference with official acts while armed with a firearm, both felonies. He also is charged with interference with official acts resulting in bodily injury and person ineligible to carry dangerous weapons, both serious misdemeanors.

His arrest resulted in the property being deemed a nuisance. The city suspended the landlord’s rental permit for the house earlier this month after an administrative hearing officer upheld the city’s nuisance designation of the house.

Davisson is appealing that suspension to the city’s Housing Board of Appeals, Peter Riley, Property Holders’ lawyer, previously told The Gazette.

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