Christian County Circuit Judge Andrew Self declared a mistrial Thursday afternoon — after a hung jury surrounding the details for and against Robert Torian III.
Charged with the 2019 shooting and murder of 25-year-old Terrill Moore following a verbal argument as passengers in a vehicle on McHenry Street, Torian’s trial began on Monday. A consensus could not be reached, and Self polled the foreperson, to make sure.
Self made it clear that it is “not an uncommon occurrence” for 12 members of a jury to fail reaching a unanimous decision.
And, by declaring a mistrial, the case begins where things were prior to proceedings. The Commonwealth still prosecutes. The defense offers rebuttal. A plea agreement can still be reached, or it could go back to trial for another jury’s decision.
Regardless, Self said this jury did its job — opening avenues for more discovery.
Furthermore, Self noted the process is necessary to find the right answer.
Special Prosecutor Dennis Foust told Self he would talk to involved family members, but that he “expects to reset the case for trial” in the coming weeks.
Another pretrial conference was set for 1 PM, October 11 — in which case the parties can either come together for a settlement, or set a date. Self said the calendar presents an early 2024 opportunity for another trial, where 2-to-3 days could be sufficient.
With more than four years passed since the incident, Torian was 19 years old when he reportedly was sitting behind Moore, got out of the vehicle, opened the front passenger door and shot Moore in the head. An eyewitness positively identified Torian as the shooter, and he was originally held in Christian County Jail under a $500,000 bond.
Several situations have caused delays in this timeline, including a global pandemic, a change at Commonwealth’s attorney, Foust’s appointment to the case, and more.
