Judge declares mistrial in fatal crash case where pregnant Derby woman killed
The trial of a man charged with killing a 22-year-old pregnant Derby woman in a July 2021 crash that happened while he allegedly was fleeing from Wichita police ended in a mistrial Wednesday after one of the jurors violated the judge’s orders to not discuss the case with anyone while the trial is ongoing.
The juror, empaneled in the trial of Javan Jermaine Ervin, disclosed details to fellow jurors about the case he’d apparently gleaned from news articles shortly before opening statements and testimony began Tuesday, according to statements in court. Some of the information the man shared had been excluded from trial evidence by a prior court ruling, including any reference to a robbery that reportedly occurred leading up to the fatal collision, court records show.
Jurors had been told repeatedly to not discuss anything about the case with anyone, including each other prior to deliberations, or research it in any way before the trial concluded. The trial started Monday with jury selection.
Ervin, 39, of Wichita, is charged alternative counts of murder and other crimes in connection with the July 6, 2021, death of Samantha Russell, a wife and Realtor who was 33 weeks pregnant with her first child. The baby, a boy named Mac, survived and was delivered about 35 minutes after Ervin allegedly ran a red traffic light at Central and Ridge around 5 p.m. and slammed into three vehicles, including Russell’s Mazda CX-3, The Eagle previously reported.
Authorities have said Ervin was a suspect in another crime and was fleeing from police when the crash occurred. Russell died at Wesley Medical Center around 7 p.m. that day.
After interviewing individually each of the man’s 13 fellow jurors Wednesday morning about what they’d heard and whether it would affect their ability to be fair and impartial, Sedgwick County District Judge Tyler Roush said he “has no other choice” but to grant defense lawyers’ request for a mistrial.
“There is no way to unring that bell. . . . There is no way that this trial can continue with that information out there,” Roush said.
Going forward “would have a very negative stain on if not the actual administration of justice, the appearance of the administration of justice and the ability of Mr. Ervin to get a fair trial,” he said. He credited the other jurors for understanding the “seriousness of the case” and for following his orders.
Ervin’s trial has been rescheduled for June 5.
The juror accused of the misconduct received more than a verbal admonishment; he’s also facing a contempt of court charge, the judge said in court Wednesday. Roush ordered the juror to make a first appearance on the matter at 10 a.m. Friday. If convicted, the man faces up to six months in jail.
This story was originally published April 26, 2023 at 2:16 PM.
