Racing Trial Thrown Out

A mistrial has been declared in the trial of Shuan Gilmore, convicted of felony racing during an accident that killed three people in November 2006.

The punishment phase of the so-called Racing Trial was scheduled to begin this morning in Nacogdoches , however, it was discovered that one of the jurors had gone to inspect the scene of the accident to personally get a better understanding of the evidence.  That action, however, is a violation of the jury instruction and is considered jury misconduct.  The misconduct resulted in a mistrial.

Jury selection for a new trial is scheduled for November 10 and trial set to begin November 17th.  The juror was visibly upset and very remorseful when she learned that her actions were a violation of jury conduct.