A Macomb County judge Wednesday ordered a jury to continue deliberating the fate of a man charged with second-degree murder in Warren after the panel indicated it was deadlocked.
Circuit Judge Joseph Toia recited the special “deadlocked jury” instructions Wednesday afternoon following the announcement by the jurors in the case against Reinaldo Jamison, 30, who fatally shot Andre Fort, 32, of Detroit, a distant cousin, in August 2018. Toia provided the instructions after denying a request for a mistrial by Jamison’s attorney, Wade Fink.
The jury has deliberated about 12 hours over two days after the case ended late Friday afternoon.
Jurors did not reveal if they were deadlocked on second-degree murder and/or a manslaughter, also a possible verdict. Second-degree murder is punishable by up to life in prison and manslaughter carries a maximum penalty of 15 years, with a maximum minimum penalty of 10 years.
Jamison’s 2019 second-degree murder conviction was overturned two years ago by the state Court of Appeals because his former defense attorney failed to pursue a self-defense claim.
In the second trial Jamison claimed self-defense, saying Fort entered his home Aug. 28, 2018, found him hiding in his bedroom closet and held a gun to his face. As Fort backed up from the bedroom into the living room and Jamison followed, Jamison said he rushed and bear-hugged Fort, stripping the gun away from him as they fell to the floor, according to his testimony. Jamison got the gun first and fired seven shots, six of them hitting Fort, including two in the head, he said.
Jamison added Fort threatened him and his brother via text messages shortly before the incident — in cryptic text messages the day before and in a 16-minute phone call hours prior to the incident when Fort went on a rant about his missing truck and his belief Jamison and/or his brother may have been involved with at least one other man in stealing the truck. Jamison’s brother is a quadriplegic and wheelchair user.
Jamison also said he had reason to fear Fort because he had bragged of robbing a store and of firing shots at a house during a murder “hit,” and was part of drug culture.
Fort’s girlfriend testified Fort held her and her children at gunpoint and held them hostages, according to Jamison’s attorney, Wade Fink.
Assistant Macomb Prosecutor Carmen DeFranco pointed out a glaring inconsistency in Jamison’s account of the event: Fort’s body was found at the front door of the mobile home while Jamison testified Fort charged at him going away from the door when he shot him.
The five-day trial in front of Toia in the county courthouse in Mount Clemens included some 268 exhibits and about 15 witnesses.
Jamison remains free.
Warren slaying defendant describes deceased man’s threats before shooting
Warren murder defendant: I ‘bear-hugged,’ stripped gun from would-be assailant