A Florida judge has granted the defense's motion for a mistrial in the Home Depot murder case, citing “juror disorder.”
After more than five hours of deliberation earlier this week, an Escambia County judge handed down a mistrial for Shelia Agee, who was accused of aiding and abetting the murder of her son's mother at a Home Depot store in Pensacola last year.
Judge Coleman Robinson said: “It appears that certain jurors did not treat this case with the seriousness they should have during discovery, and that appears to have continued during deliberations.” he told WKRG.
The problem reportedly began when juror Sally Sue Smith got stuck on a crossword puzzle while testifying. WEAR News 3.
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Keith Agee, 20, and his mother, Sheila, were allegedly texting about a plan to kill Brooklyn Sims at a Home Depot in Pensacola. (Escambia County Sheriff's Office)
On Tuesday, Smith was spotted working on a crossword puzzle during witness testimony. The next day, she was spotted using another crossword puzzle during deliberations.
Smith told WEAR News that the puzzles “helped me concentrate” and denied any threatening behavior in the jury room.
“It was me,” Smith told WEAR News. “Well, I didn't know that was a bad thing. That's what happens when you're listening intently. It was dark, so I couldn't really see the bench or the witness stand. But I couldn't hear it. That's how I did it, and I had no idea, but when I was told I shouldn't do it, I stopped doing it.
Other jurors later shared concerns about safety during deliberations with Judge Robinson.
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Sheila Agee, 50, is accused of fatally shooting 18-year-old Brooklyn Sims after allegedly helping her son plan the attack. (Washington County Jail)
“It's just a piece of paper with a crossword puzzle printed on one side, and you don't know what's on the other side,” Robinson said. “…I don't recall the jury ever doing a crossword puzzle during the trial.”
Judge Robinson then called and questioned each juror one by one, asking if they thought it was safe to proceed after security expressed their concerns.
Nearly 20 witnesses took the stand, but it took less than two days for prosecutors to rest their case against Agee. However, the trial was “irreparably hampered” by problems with the jury.
Smith did not say what his decision was regarding the verdict, but he denied making any threats to WEAR News.
“We went back to the jury room and began deliberating,” Smith said. “It quickly became clear that I was in the minority, one person versus 11 others. … At first, it was a reasonable start. There was a lot of screaming. can.”
“I'm definitely loud, but I had a lot of people yelling at me,” Smith added.
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Keith Agee, 20, is charged with murder and aggravated assault in the shooting death of 18-year-old Brooklyn Sims. (Escambia County Jail)
Agee, 51, was charged with first-degree premeditation after police discovered text messages showing she helped plan the shooting death of the mother of Sheila's 18-year-old son, Brooklyn Sims, who was also a co-worker. He was charged as the principal suspect in the murder. .
Her son, Keith Agee, 20, was arrested by the Escambia County Sheriff's Office in connection with the Aug. 11, 2023 shooting of Sims.
“Text messages make it clear that Keith Agee's mother, Sheila Agee, knew about and participated in the plot to kill Brooklyn Sims. Additionally, text messages between mother and son reveal that Keith Agee's mother, Sheila Agee, knew about and participated in the plot to kill Brooklyn Sims. ECSO previously wrote. On facebook.
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Police released text messages between mother and son on their Facebook page that they said took place shortly before Sims' death. He was shot dead.
Sheriff Chip Simmons previously said on Facebook: “While the murder itself is unbelievable, it is incomprehensible that the mother knew about it and helped orchestrate it.”
The case is scheduled to return to court on February 5th.
“The other jurors will have to come back and hear the evidence in front of another jury, where, hopefully, that particular juror will use common sense, follow the law, and be courteous to his fellow jurors. We'll handle it appropriately, and we'll come to a verdict, whatever it is, that's fair and just for both parties,” Robinson said.
Elizabeth Pritchett of Fox News Digital contributed to this report.
