Mistrial Ruled in Case Of Death Over Slurpee

Emmanuel A. McClain allegedly caused a teen's death near a Suitland 7-Eleven.

A Prince George's County judge yesterday declared a mistrial in the case of a Suitland youth charged with murder in what prosecutors called the "thrill" killing of a teenager who allegedly angered the defendant by offering to buy a girl a Slurpee at a 7-Eleven store.

After deliberating for more than 15 hours over three days, the Circuit Court jury was unable to reach verdicts on five of seven counts against Emmanuel A. McClain, 16.

McClain was charged as an adult with first-degree felony murder, second-degree murder, involuntary manslaughter, robbery and three related charges in the May 30 attack that left Michael A. Bassett, 18, dead on a busy Suitland road.

Friday afternoon, the jury announced that it had reached verdicts on two counts -- involuntary manslaughter and a riot charge. Judge Sherry L. Krauser directed the jury to continue deliberating.

Yesterday, in response to a question from Krauser, the jury said it still had reached verdicts on only two of the counts. Assistant State's Attorney John Maloney was willing to accept the partial verdicts, but defense attorney Antoini M. Jones declined. In Maryland, both sides have to agree for a judge to accept a partial verdict. All the charges will go before a new jury at a new trial, tentatively scheduled for March 21.

After Krauser declared the mistrial, Jones and Maloney said they learned from talking to jurors that the panel's position had shifted.

Friday, the jury had voted McClain guilty of involuntary manslaughter and the riot charge, the attorneys said. Yesterday, one juror changed his mind and voted McClain not guilty of involuntary manslaughter, the attorneys said. Also yesterday, the jury voted unanimously to find McClain not guilty of first-degree felony murder, the attorneys said.

The jury ended up deadlocked, 11 to 1, for conviction on second-degree murder and involuntary manslaughter, Jones and Maloney said.

State's Attorney Glenn F. Ivey said prosecutors will retry McClain. "We're ready to go forward. I'm looking forward to obtaining a guilty verdict," Ivey said.

"This is a very difficult case, emotionally and factually," Jones said. "I can understand a jury having difficulty with it."

Two other teenagers are also charged with murdering McClain. James Jarrell White, of Southeast Washington, who was 18 at the time of his arrest in June, and Antoine Queen, now 16, of Prince George's, will be tried after McClain, officials said.

According to evidence presented at trial, as Bassett walked into a 7-Eleven on Suitland Road sometime after 3 a.m. May 30, he offered to buy a girl a Slurpee. The girl accepted and walked into the store with Bassett.

Queen testified for the state that he was outside the store with McClain and heard McClain say words to the effect of, "Watch me start something." When Bassett tried to leave, McClain blocked the store exit and took a roundhouse swing at him, Maloney said. A series of photos from a store security camera depict McClain taking the swing, Maloney said.

Queen testified that McClain chased Bassett onto Suitland Road and stomped and kicked him. Bassett was left on the busy street, and two motorists ran him over. Maloney argued that Bassett was dead before the cars hit him.