VIRGINIA BEACH, Va. — A mistrial was declared on the second day of the trial of a man accused of killing a 65-year-old woman at a Virginia Beach gas station.
Darrius White, 24, is facing several felonies after Virginia Beach investigators accused him of killing Annie Smith woman during a robbery at a Harris Teeter gas station in Haywood Shopping Center on December 13, 2021.
Prosecutors said Darrius White committed the robbery with his brother, Michael White. They both face aggravated murder during a robbery, along with several other charges. Michael White's trial will begin in June.
A judge dropped the first-degree murder charge for Darrius White's trial, choosing to move forward with aggravated murder as that charge carries steeper penalties if White is convicted.
The trial came to an abrupt end around noon Wednesday when a detective called to testify by the prosecution referred to White as a felon while on the witness stand.
White's attorney immediately filed for a mistrial, saying the remark would sway the jury's decision, and the judge agreed.
Macie Allen with the Virginia Beach Commonwealth's Attorney's Office said that while she cannot comment specifically on this case, she did say, "Case law has established that any mention of or implication that a defendant has a felony conviction is considered prejudicial."
Allen added that "as a result of this ruling, the Commonwealth is prepared to retry this case in the near future."
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