On Monday, Oct. 14, the jury selection for a Perry County murder case began, and ended with the judge declaring a mistrial.

In February, James Ronnie McIntosh, 45, of Busy, was arrested for the fatal shooting of Danny Ray Mullins, 42, of Chavies, and was charged with one count of murder and one count of tampering with physical evidence. On Monday, the jury selection for McIntosh’s trial began, however, during jury selection, the attorneys failed to seat a jury.

Attorney David Johnson, representing McIntosh, motioned for a mistrial and the Commonwealth Attorney’s office, represented by Gary Gregory, of Clay County, did not object.

“It was pretty apparent that we were not going to get a fair and impartial jury based on the publicity of the case,” said Johnson, explaining that many of the potential jurors called knew of the shooting or one of the involved parties.

Within asking just the first two questions in the jury selection, Johnson said, nearly 30 individuals were released. There were also issues of a crowded environment where the victim’s and defendant’s families were mixed with the jurors, so the attorneys were worried about that, as well, said Johnson.

Perry County Circuit Court Judge Alison Wells declared a mistrial in the case. Johnson said he plans to file a motion for a change in venue during McIntosh’s status hearing set for Thursday, Oct. 17. McIntosh’s bond remains at $250,000 cash or $500,000 of property and he is still currently lodged in the Kentucky River Regional Jail.

Recommended for you