Jury fails to reach unanimous verdict
MESA,
Arizona: An ASU students hit-and-run trial ended in a mistrial
Thursday afternoon at Maricopa County Superior Court. The four men
and four women on the jury were unable to come to a conclusion on
whether Reem Bishara, a geography sophomore, left the scene of a
fatal accident. The jury voted 7-1 in favor of a conviction, one
unidentified juror said as she left the courthouse. A unanimous
verdict had to be reached for conviction. Bishara was convicted
on the charge of underage drinking. Bishara and Muneerah Al-Tarrah,
an ASU graduate, reportedly spent the night of Sept 13 drinking
at several bars in Scottsdale.
In
the early hours of Sept 14, while driving in Mesa, Al-Tarrah allegedly
hit 35-year-old Todd DeGain, who was riding a scooter. Prosecutor
Jennifer Green said Bishara, who was following Al-Tarrah in her
Ford Mustang, hit debris from the scooter. Al-Tarrah, who had a
blood alcohol content of 0.15, was charged with leaving the scene
of a crime, DUI and extreme DUI. She fled to her home country of
Kuwait in January. Bishara contended she did not see Al-Tarrah hit
DeGain and therefore did not flee the scene.
Neither
Bishara nor Al-Tarrah was charged with the death of DeGain, who
police said was riding on the road illegally when he was hit. Bishara
said she would not comment Thursday. The victims father, Glenn
DeGain, said he was upset the jury wasnt able to come up with
a verdict. I think this is a big disappointment for our community,
he said. I was unsuccessful in my continued efforts to communicate
with the prosecution and police regarding information and evidence
that would have strengthened the case.
Bishara
will be sentenced May 4 for the underage drinking charge. A status
conference for a new trial on the hit-and-run charge is also scheduled
for May 4. Bill FitzGerald, spokesman for the county attorneys
office, said his office will study whether to retry Bishara on the
charge of leaving the scene of a fatal collision. The felony carries
a punishment of probation to a three-year, nine-month prison term.
Bishara, who has been upbeat and jovial with courtroom spectators
throughout trial, left the downtown Phoenix courthouse without comment
and with a dour expression.
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