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.
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.
Tuesday, on the second scheduled day of the trial, the judge spoke to the jury after hearing testimony from two crime scene analysts there on the day of the accident. He stated he had been informed that members of the jury violated the protocols of the courtroom and trial, saying some (but not identifying who) had independently researched and talked about the case outside of the courtroom.
“We are understandably disappointed in today’s events, however we have full faith and confidence in the commonwealth’s case," Hooper's grandmother, Cindy Lutz said.
The judge added conclusions may have been reached by jurors days before the trial was set to finish. Because the jury did not follow these instructions, a mistrial has been declared.
"[Emotions] are fully charged right now, and they remain fully charged. This is a step in the grieving process," Lutz said.
The date for a new trial is expected to be set before Friday, with the new trial being rescheduled as soon as this October or November. Once it restarts, a new jury pool will be selected and attorneys will begin from the beginning, starting with the opening statements and witness testimonies that had already been completed by the time a mistrial was declared.
What happened on Day 1?
On the jury trial's first day, prosecutors and defense attorneys finished opening statements and worked through half a dozen witness testimonies, including the scene's first responders and the homeowner who called 911.
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. 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.