A homicide trial in Pennsylvania was declared a mistrial after a juror was discovered to have smoked marijuana during a lunch break, and subsequent attempts to identify the individual and ensure fairness failed. The case involved Safon Gump, 25, who was on trial for the 2024 killing of Gregory Prince, 38. The fatal shooting allegedly occurred during a dispute over a damaged vehicle.
Common Pleas Judge Edward J Borkowski called for the mistrial after smelling marijuana as the jury returned from lunch. "I can't in good conscience move forward in a homicide trial where my client's life is on the line... and somebody's not being truthful," said Owen Seman, Gump's defense attorney. Seman emphasized that efforts were made to resolve the situation without compromising the integrity of the trial or jurors' rights.
Juror Questioning and Mistrial Declaration
Following the discovery of the marijuana odor, all 12 jurors and two alternates were individually questioned. The defense attorneys and the prosecution agreed that determining if the juror possessed a prescription for marijuana was necessary to potentially salvage the trial. "We cannot discriminate against a juror who's following the rules," Seman stated. However, each juror was questioned privately in chambers, and all denied taking any medication that could impair their judgment or ingesting anything illegally or legally. One juror recalled the smell emanating from the men's restroom but could not identify who used it.
With no individual admitting to the act and the inability to confirm its legality or impact, Seman argued that a fundamental issue of truthfulness had arisen, forcing his hand. "We knew we had a bigger issue that someone's not being truthful. That's important to me as a defense attorney," he told TribLive.
Allegheny County Sheriff Kevin Kraus noted that this was the first mistrial he was aware of due to drug use by a juror, stating, "But you can't have a member of a jury under the influence."
Details of the Homicide Case
Prince was killed on October 4, 2024, after an estimated 12 gunshots were detected around 9:30 p.m. Police found Prince unresponsive with multiple gunshot wounds, and he was pronounced dead shortly thereafter. A witness on the phone with Prince at the time of the confrontation reported overhearing a conversation about a damaged vehicle, during which Prince asked the suspect if he had hit his car. The suspect denied involvement before the call ended abruptly. A doorbell camera captured the gunfire and a white car speeding away, with the license plate leading authorities to Gump. Gump was arrested in April 2025 and charged with criminal homicide, tampering with evidence, and a gun crime. He had prior convictions for charges including escape and fleeing a police officer, for which he received probation and time served. Gump is scheduled to return to court for a new trial in March.