Will DA Re-file in Mings Case After Jury Hangs on Premeditation Issue?

by Antoinnette Borbon

Wednesday was a short hearing for James Elron Mings in Judge Timothy Fall’s courtroom. James Mings, who was recently convicted of attempted murder, was back in court to hear whether or not Deputy District Attorney Martha Holzapfel will refile on the “pre-meditated” special findings, part of the case. Although the jurors could agree on attempted murder, they hung on the special findings part of the verdict.

James Elron Mings was arrested on October 1 of 2011 for the murder of his friend, Kevin Seery. Upon the viewing of the deceased by several law enforcement personnel and the coroner’s office, the death appeared suspicious. On the evening of October 1 they found a sock and other items in the mouth of Seery.

Mings later traveled down by foot to the police station and confessed to what he believed was the killing of his friend. Kevin suffered from chronic illnesses and had wanted to end his life. We heard from a witness during the trial about Seery asking friends to help him find someone to assist in his death.

It was thought by Deputy Public Defender Dan Hutchinson that perhaps suicide would have caused too much pain for his mother. Mings testified to feeling “setup” by what he thought were his friends.

It was my prediction that this case would be a difficult one to decide over, to deliberate on a verdict. The evidence and the story was just all to mysterious in many ways – thus hanging the jurors, as suspected.  It was felt by a few jurors that “things were just too unclear to make a sound decision of premeditation.”

The jurors were back and forth into the courtroom during the deliberation process to ask questions about the laws and jury instructions. The last was a question about the true definition of the word “deliberate,” hence the fact they were doing it there in the deliberation room. The word deliberate is defined as meaning to engage in long conscious thought over something, to consider.

If the defense did not make it clear enough about the state of mind Mings had at the time of the Seery’s death, then Holzapfel did in her final closing to the jurors. Holzapfel talked about the state of one’s mind needing to be that of a rash and average thinking person. If we go back to the testimony of Mings on the stand himself, it is clear he did not “reasonably” count the cost of his actions or have what is defined as a “clear or rash, average mind,” because of his response when interrogated three days later.

Det. McNiven testified about the interview with Mings at the jail just three days after confessing the first time. In the interview, it appeared that Mings was still under the impression he did the right thing.  It should raise questions about his “rash, average mind,” it would seem.  Mings contended it was okay to do what he did for love and charity for another.

It may also point towards Mings not taking the time to process during the moments shortly before he executed the act. Defense presented enough doubt about those brief moments to convey to a normal average minded juror that Mings was not thinking about the consequences.

As of yet, we are not even sure as to how long it was from the time Mings was asked to end Seery’s life to the actual time of execution. It was stated by Mings it seemed only 1 to 3 minutes, but the event could have traumatized his brain and that time could be a mere estimation.

Medical experts conclude while the brain has just sustained a trauma too great to comprehend, the memory part of the brain may suppress the event. It plainly seems unlikely there was enough time to deliberate or pre-do anything, as evidence was conveyed to us from both sides pertaining to this fact.

If the District Attorney’s office decides not to re-file on the special findings charges, Mings will be sentenced and could face 9 years up to life. If the charges are re-filed, then another jury of his peers would decide on a verdict for the special findings part of the attempted murder charge. If found not guilty, he will face a much lesser term of prison. Mings has already served 36 months – three years of county jail time.

Mr. Hutchinson, along with Ms. Holzapfel, agreed to continue the matter for two weeks. The next day to appear will be on June 6, 2013. It may give us the answer to her decision.

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