CHESAPEAKE, Va. — A mistrial has been declared in the case against Richard Humbert, the man facing a felony hit-and-run charge and up to ten years in prison connected to the death of Chesapeake 8-year-old Forrest Hooper.
Tuesday, the judge spoke to the jury and said he had been informed that members of the jury had independently researched and talked about the case outside of the courtroom.
Because the jury did not follow jury instructions, a mistrial has been declared.
The date for a new trial is expected to be set before Friday.
Humbert stood before that jury on Monday.
On the jury trial's first day, prosecutors and defense attorneys finished opening statements and worked through half a dozen witness testimonies.
Last October, court records reveal Humbert struck Hooper while the 8-year-old was crossing South Battlefield Boulevard to hang out with friends. Humbert later got out of his car to look at the damage, but claims he never turned back around to see what he hit. When investigators eventually interviewed him, Humbert took responsibility for the accident but claimed he thought he hit a deer.
Humbert's defense attorneys said in court Monday they will not dispute the fact that Humbert is the driver of the car in the accident that killed Hooper. Their argument will center around the claim that Humbert didn't know he hit a person at the time of the accident.
Talking to jurors first, the Commonwealth Attorney's Office argued Humbert was simply hoping he would not get caught. They cite the lack of an insurance claim and repeated news article searches of “Chesapeake" and "hit and run” on his phone demonstrate he knew more than what he told investigators.
The first witnesses to take the stand Monday included the primary civilian witnesses called by prosecutors. The homeowner who called 911 the day of the accident gave an emotional testimony and said that in the immediate seconds after she heard the crash from inside her home, Hooper did not show any signs of life.
Passing by were an off-duty Virginia Beach Police Department officer and a registered nurse, who both attempted CPR on Hooper until paramedics showed up to take him to the hospital, where he was later pronounced dead.