WINSTON-SALEM, N.C. – A judge has declared a mistrial in the case against a Triad pastor who fatally struck 11-year-old Hasani Wesley at a school bus stop in December 2012.
The judge said the DA found new evidence Wednesday morning that could be vital to the case.
The case will go back on the trial calendar.
On Tuesday, both the prosecution and the defense made their closing arguments. Jurors received instruction for the verdict and after five days of testimony they started deliberations.
Billy Roger Bailey's trial started last Tuesday. He took the stand in his own defense on Thursday saying the bus driver never stopped or activated the red stop lights or stop arm before the crash.
During closing arguments, state attorneys appealed to jurors' emotions while the defense focused on witness testimony and how the law applies to the case.
State attorneys argued about how Hasani's parents will never get to hug him again or see his face light up with laughter all because of Bailey.
The state argued that Bailey had three different versions of what happened because he knows his freedom is at stake. The prosecution also said regardless of what the defense has argued, Hasani's death was no accident and that Bailey was only trying to beat the stop arm of the bus.
"You may even hear because the lights were yellow the defendant didn't actually have a duty to stop. 'Well, if you beat the reds, fair is fair.'" state attorney Brian Taylor said to jurors. "Except when you kill a kid. That's callous, ladies and gentlemen. That's careless. That's heedless. That disregards the rights and safety of children, children!"
Defense Attorney George Cleland III said the whole thing was an accident and that Bailey proved he is innocent when he testified last week. Cleland said unlike the bus driver who testified for the state, Bailey looked the jury in the eye and told the truth.
"That says something," Cleland said.
Cleland also pointed out that the defense's expert witness had concluded that the school bus was stopped 20 seconds before the red lights came on. Those 20 seconds, he said, were really important because the crash most likely happened during that time.
He urged the jury to find Bailey not guilty based on the facts and not decide the case on emotions.
"Sacrificing Roger Bailey to the altar of public opinion will not relief the grief or frustration," Cleland added.
The defense even went on the attack about students' safety at the bus stop where Hasani Wesley was killed.
"What in the world are we doing having children stand on the side on the side of a 45 miles an hour highway in the dark in the morning? What are we doing as a society? What are we doing? What sort of lunacy is that?" Cleland exclaimed.
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Full Coverage: 11-Year-Old Boy Killed At School Bus Stop