Mistrial Declared in Gary Dunn Case
Staff Writer
1:05 PM CDT, May 1, 2010
Mistrial Declared in Gary Dunn Case
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After days of deliberation, a Johnson County jury was unable to come to a verdict in the Gary Dunn Capital Murder trial. Saturday morning the judge declared a mistrial.
Dunn will remain in police custody without bond. A new jury will be selected and another trial will be set at a later date. Judge Bill Pearson says a gag order will remain in effect for all involved.
30-year-old Dunn was accused of killing Arkansas Tech student Nona Dirskmeyer, who was found beaten in her Russellville apartment in 2005.
The jury returned this morning at 10 a.m. to resume deliberations. It was a very stressful day in the courtroom for family members of both the defendant and the victim. One of Dunn's family members had to be rushed to a hospital after experiencing chest pains at the courthouse.
The hung jury struggled with the verdict for two days, as two jurors were removed and alternates were brought in. The defense moved for a mistrial but the motion was denied. Judge Pearson said it was in the best interest of the state and the defendant for the jury to reach a verdict. The jury stayed Friday night, deliberating the case until about 8 p.m.
Prosecutors argued Thursday there was "substantial evidence" that the 19-year-old was the victim of either a sexual assault or an attempted assault even though no semen was found on her body. Prosecutors have said a condom wrapper found near Dirksmeyer had DNA that was matched to Gary Dunn, but that contention has been challenged.
Dirksmeyer's boyfriend, Kevin Jones, found Dirksmeyer's body on Dec. 15, 2005. He was tried and acquitted for the girl's death in 2007. Despite the acquittal, Dunn's defense attorneys focused their case on Jones, claiming he's been the real killer all along.
Over the last two weeks, jurors heard from several witnesses, including Jones, Dunn's estranged wife, several EMT workers, police, and DNA experts.