TX - Former NFL Antonio Armstrong & wife Dawn, both 42, fatally shot, Houston, *son charged* 29 Jul 2016 *Mistrials, 3rd trial in 2023 Guilty*

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  • #321
  • #322
Oh NO!!!

www.houstonchronicle.com

Second mistrial declared in Antonio Armstong Jr. trial, accused of killing his Houston parents

For a second time, a Harris County judge has declared a mistrial in the deaths of Dawn...
www.houstonchronicle.com www.houstonchronicle.com

Oct. 26, 2022
For a second time, a Harris County judge has declared a mistrial in the deaths of Dawn and Antonio Armstrong Sr., a killing in 2016 that led to the arrest of their 16-year-old son on a capital murder charge.

Judge Kelli Johnson warned the indecisive jurors Wednesday that they were on the verge of a mistrial and to get back to work on reaching a verdict. But after about 18 hours of deliberating and two nights of being sequestered at a Houston hotel with television-less rooms, no conclusion could be made if Antonio Armstrong Jr., now 22, was responsible for killing his parents as they slept.

Four jurors believed Armstrong Jr. guilty, while eight believed him by no means innocent but they were unable to shake the doubt incited by the defense — a deadlock that led to tension in the jury room and a flurry of questions to the court.
[.....]
The judge deemed the mistrial “manifestly necessary” and asked the prosecutors and defense to prepare to try the case a third time in February — unless the district attorney’s office decides to no longer pursue the charge. Silence then fell on the courtroom.

District Attorney Kim Ogg made no hint if a third trial would be sought.
[.....]
Armstrong Jr.’s hired attorney, Rick DeToto, urged the charge to be dropped.



There are a few paragraphs with comments from alternate jurors.

And what I find interesting - the first trial there were 8 for guilty & 4 for not guilty.
 
  • #323
Just looked up him up in the court site. Looks like the DA is going for a 3rd trial.

Activities:
Date Type Description SNU/CFI
10/26/2022 JUDGMENT JURY EXAMINED ON VOIR DIRE SNU: 997 10/26/22

10/26/2022 JUDGMENT JURY SWORN SNU: 997 10/26/22

10/26/2022 JUDGMENT EVIDENCE PRESENTED SNU: 997 10/26/22

10/26/2022 JUDGMENT JURY DISCHARGED - HUNG JURY SNU: 997 10/26/22


Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
2/24/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered To Be Set

1/04/2023 09:00 AM 178 Master Docket
Pre-Trial Motions
N/A Data Not Entered TD 2/24 To Be Set

10/26/2022 09:00 AM 178 Trial Docket
Jury Trial
Hung Jury
Present 1/24/2023 Present

Case Summary:
Case Completion Date 10/26/2022

Next/Last Setting Date 1/4/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
  • #324
Update on my notes!

Wednesday, October 26th:
*Trial continues (Day 12)-VERDICT Reached! – Mistrial! (Day 3) (@ 9am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – *Antonio “A.J.” Armstrong, Jr. (16 @ time of crime/17/now 22) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond 4/12/17.
Trial started 4/2/19 & ended 4/26/19. 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). 4/26/19: after 20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
Re-trial began on 10/3/22 with jury selection which is expected to last about 3 days. Opening statements expect to start on 10/11/22. (Trial should last until 11/4/22). Prosecution rested their case on 10/19/22. Defense started their case on 10/20/22 & rested their case on 10/21/22. Jurors will be sequestered during deliberations. Started deliberations on 10/24/22: ~4 hours total. 10/25/22: ~8 hours. Total: ~12 hours. 10/26/22: ~6 hours (9a-5p). Total: ~18 hours. Judge Kelli Johnson declared (another) mistrial. 4 for Guilty & 8 not guilty.
Court info from 12/11/19 thru 9/19/22& Jury Selection Day 1-3 (10/3 & 10/7/22) & Trial Day 1-11 (10/11 to 10/25/22) & Deliberations Day 1-2 (10/24 to 10/25/22) reference post #320 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-16
10/26/22 Wednesday, Trial Day 12/Jury Deliberations Day 3: Jury continues deliberations. Started at 9am. Judge Kelli Johnson warned the indecisive jurors Wednesday that they were on the verge of a mistrial & to get back to work on reaching a verdict. But after about 18 hours of deliberating & two nights of being sequestered at a Houston hotel with television-less rooms, no conclusion could be made if Antonio Armstrong Jr. was responsible for killing his parents as they slept. Four jurors believed Armstrong Jr. guilty, while eight believed him by no means innocent but they were unable to shake the doubt incited by the defense — a deadlock that led to tension in the jury room & a flurry of questions to the court. Judge Johnson declared a mistrial. District Attorney Kim Ogg made no hint if a third trial would be sought. Armstrong Jr.’s hired attorney, Rick DeToto, urged the charge to be dropped.
For more info see post #322 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-17
From court site: Next pretrial motions hearing on 1/4/23 & another trial set to begin on 2/24/23.
 
  • #325
www.fox26houston.com

Mistrial declared in AJ Armstrong retrial for capital murder of Bellaire parents

The jury began deliberating on Monday, and on Wednesday the jury sent a note to the judge saying they couldn’t agree on a verdict. The judge instructed them to keep deliberating but declared a mistrial a few hours later.
www.fox26houston.com www.fox26houston.com

Oct. 28, 2022
BELLAIRE, Texas - A mistrial has been declared in the case of Antonio "AJ" Armstrong Jr. who was accused capital murder in the shooting deaths of his parents inside their Bellaire home in 2016.
[.....]
The next Capital Murder re-trial for Antonio Jr has been set for February.
 
  • #326
And the court site DOES show a new trial set... but all the articles I am finding the DA has not made a decision yet...

Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
2/24/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered To Be Set

1/04/2023 09:00 AM 178 Master Docket
Pre-Trial Motions
N/A Data Not Entered TD 2/24 To Be Set

10/26/2022 09:00 AM 178 Trial Docket
Jury Trial
Hung Jury
Present 1/24/2023 Present

Next/Last Setting Date 1/4/2023


link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
  • #327
I'm glad they're not giving up yet - I really do believe he is guilty.
 
  • #328
  • #329
Wednesday, January 4th:
*Pretrial Motions Hearing (@ 9am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – *Antonio “A.J.” Armstrong, Jr. (16 @ time of crime/17/now 23) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond 4/12/17.
Trial started on 4/2/19 & ended on 4/26/19. Jury: 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). 4/26/19: after ~20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
Re-trial began on 10/3/22 & ended on 10/21/22. Jury: 6 women & 6 men. Jurors were sequestered during deliberations. After ~18 hours of deliberations verdict was 4 for Guilty & 8 not guilty. Judge Kelli Johnson declared (another) mistrial.
2nd Re-trial to begin on 2/24/23.
Court info from 12/11/19 thru 9/19/22 & Jury Selection Day 1-3 (10/3 & 10/7/22) & Trial Day 1-12 (10/11 to 10/26/22) & Deliberations Day 1-3 (10/24 to 10/26/22) reference post #324 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-17
10/26/22 Wednesday from court site: Next pretrial motions hearing on 1/4/23 & another trial set to begin on 2/24/23. 11/22/22 Update: Armstrong Jr. will be tried a third time for capital murder, according to the Harris County District Attorney’s Office. The second mistrial was declared in late October, 2022. Armstrong Jr. remains out of jail on bond, according to Harris County court records, which lists the next court date related to the case as scheduled for 1/4/23.
 
  • #330
  • #331
No update yet on the court site. I see the article says jury selection on 2/24 to start - and I guess jury trial will begin on 3/20/23 per court site. I shall check it in a couple of days & see if there are more updates on it.



Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
3/20/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered To Be Set

2/24/2023 09:00 AM 178 Trial Docket
Jury Trial
N/A Data Not Entered JT3/20 To Be Set

1/04/2023 09:00 AM 178 Master Docket
Pre-Trial Motions
Reset By Court
Present TD 2/24 Present

link: https://www.hcdistrictclerk.com/eDo...bm7XIpVd6asQnLfYAOOkukeDYcoNPEv24dhYPk84XyQ==
 
  • #332
Just read the article... :)

I see now the jury selection will be 2/24 & trial to begin 3/20/23. I shall still check the court site to see if he has a hearing before than.
 
  • #333
www.houstonpublicmedia.org

A.J. Armstrong, facing third capital murder trial in parents’ 2016 deaths, has grandparents’ support | Houston Public Media

Keith Whitely and Kay Winston asked the Harris County District Attorney's Office to stop pursuing a conviction against their grandson, saying they believe he is innocent.
www.houstonpublicmedia.org www.houstonpublicmedia.org

Jan. 5, 2022

Two grandparents of Antonio “A.J.” Armstrong Jr., who is accused of murdering his mother and father as they slept in their Houston home in 2016, are asking the Harris County District Attorney’s Office to stop pursuing a conviction as their grandson faces a third capital murder trial in the case.


Armstrong’s paternal grandfather, Keith Whitely, and maternal grandmother, Kay Winston, told reporters outside a Harris County courtroom Wednesday they support their 23-year-old grandson and believe he is innocent in the shooting deaths of Dawn and Antonio Armstrong Sr., who were killed in their Bellaire-area home during the early hours of July 29, 2016. They made their comments after a pretrial hearing in front of Judge Kelli Johnson, who declared mistrials in 2019 and again this past October after two juries were unable to reach a consensus on a verdict.
[.....]
The office of Harris County District Attorney Kim Ogg, despite the pleas by Whitely and Winston, said in a statement Thursday to Houston Public Media that it will proceed with another trial. The DA’s office did not specifically respond to the comments made by Armstrong Jr.’s grandparents.

Johnson ordered jury selection to begin Feb. 24, with a trial starting March 20, according to multiple news reports. Armstrong Jr., who was 16 at the time of his parents’ deaths, would face a potential punishment of life in prison if ultimately convicted of their murder.

“We are pursuing this capital murder retrial and look forward to re-presenting the evidence in this brutal attack to get justice for the victims,” the DA’s office said.

One of Armstrong Jr.’s defense attorneys, Rick DeToto, told reporters Wednesday the pursuit of another trial is a “waste of taxpayer dollars” and a “waste of the court’s time.” Jurors in October could not reach a unanimous verdict after hearing more than 33 hours of testimony and deliberating for nearly 18 hours, according to Harris County court documents, which show the initial jury in 2019 heard more than 38 hours of testimony and deliberated for more than 19 hours.
 
  • #334
A new two-hour 20/20 episode — which airs tonight on ABC — features exclusive interviews with Antonio "AJ" Armstrong, Jr., now 23. Armstrong is facing his third capital murder trial in the horrific deaths of his parents, former NFL linebacker Antonio Armstrong, Sr., and Dawn Armstrong, both 42, after his first two trials resulted in hung juries. Armstrong has pleaded not guilty to the charges against him.

people.com

Teen Accused of Killing Mom and NFL-Star Dad as They Slept Speaks Out About 2016 Deaths

Antonio "AJ" Armstrong, Jr., now 23, speaks out for the first time on tonight's 2-hour episode of 20/20
people.com people.com
 
  • #335
  • #336
Activities:
Date Type Description SNU/CFI
01/18/2023 ORDER CRTS OWN MTN TO CHANGE OF VENU SNU: 957 01/18/23

01/18/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 01/18/23

01/18/2023 ORDER PUBLICITY SNU: 958 01/18/23

01/18/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 01/18/23


Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
3/20/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered To Be Set

2/24/2023 09:00 AM 178 Trial Docket
Jury Trial
N/A Data Not Entered JT3/20 To Be Set

1/30/2023 01:30 PM 178 Master Docket
Motion Hearing
Data Not Entered To Be Set

1/04/2023 09:00 AM 178 Master Docket
Pre-Trial Motions
Reset By Court N/A Present TD 2/24 Present


Next/Last Setting Date 1/30/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
  • #337
Monday, January 30th:
*Motions Hearing (@ 1:30pm CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – *Antonio “A.J.” Armstrong, Jr. (16 @ time of crime/17/now 23) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond 4/12/17.
Trial started on 4/2/19 & ended on 4/26/19. Jury: 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). 4/26/19: after ~20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
Re-trial began on 10/3/22 & ended on 10/21/22. Jury: 6 women & 6 men. Jurors were sequestered during deliberations. After ~18 hours of deliberations verdict was 4 for Guilty & 8 not guilty. Judge Kelli Johnson declared (another) mistrial.
2nd Re-trial to begin on 2/24/23 with jury selection & trial to begin on 3/20/23.
Court info from 12/11/19 thru 10/26/22 (2nd trial) reference post #329 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-17
11/22/22 Update: Armstrong Jr. will be tried a third time for capital murder, according to the Harris County District Attorney’s Office. The second mistrial was declared in late October, 2022. Armstrong Jr. remains out of jail on bond, according to Harris County court records, which lists the next court date related to the case as scheduled for 1/4/23.
1/4/23 Update: The hearing was pretty quick -- mostly back & forth about picking a date of when to begin. The judge said jury selection for the trial will begin Feb. 24. AJ's defense team said they're ready to go. His attorney said he knows every detail about the case & maintains AJ's innocence. The judge mentioned that testimony will likely not begin until March 20 -- after spring break in order to accommodate the jurors.
1/19/23 Update: Judge Kelli Johnson filed a late motion for change of venue, ordering a hearing to decide if the trial will be moved somewhere else. The motion filed does not guarantee that the trial will be moved, as both sides will get to make their cases for & against. The motions hearing is scheduled for 1/30/23. The judge will listen to arguments from both sides, but she's the one who ultimately decides. This is significant because she has already made it clear she wants the trial moved by filing the motion herself.
 
  • #338
  • #339
Activities:
Date Type Description SNU/CFI
01/30/2023 MOTIONS S/M INDIVI VOIR DIRE SNU: 922 01/30/23


01/30/2023 MOTIONS DENIED CFI 178 01/30/23

01/30/2023 ORDER STATE & DEFENSE AGREED TO REMA SNU: 955 01/30/23

01/30/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 01/30/23

01/30/2023 ORDER CRT GRANTS S/M FOR INDIVIDUAL SNU: 956 01/30/23

01/30/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 01/30/23

01/27/2023 MOTIONS D/M OBJECT TRAN VENU SNU: 923 01/27/23

01/27/2023 MOTIONS FILED CFI 178 01/27/23


Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
3/20/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered To Be Set

2/24/2023 09:00 AM 178 Trial Docket
Jury Trial
N/A Data Not Entered JT3/20 To Be Set

1/30/2023 01:30 PM 178 Master Docket
Motion Hearing
Agreed Order Seizure and Forfeiture
Present ST&D/C AGREED Present




Next/Last Setting Date 2/24/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
  • #340
abc13.com

Jury selection for AJ Armstrong's 3rd murder trial set to begin May 1, with trial slated for June

The man accused of murdering his parents when he was 16 will be tried a third time in Harris County, but under a different jury selection process. That begins May 1, with the trial following right after.
abc13.com abc13.com

Feb. 8, 2023
HOUSTON, Texas (KTRK) -- A date has been set for A.J. Armstrong's third trial for capital murder in the deaths of his parents, Dawn and Antonio Armstrong Sr. This comes after a judge ruled last month that the trial will remain in Harris County after another judge filed a motion to change the location.

A new jury will be selected starting May 1, with the trial slated to follow in June.

Prosecutors and defense attorneys agreed to an unusually extensive jury selection process. That process will be a voir dire, which means instead of questioning a jury in a group, each person will be talked to individually. This method is usually used in a death penalty case.
[.....]
In the third trial, the jury selection process is expected to take six weeks.


The Settings tab has not been updated yet. Still has the 3/20 trial date.


Next/Last Setting Date 2/24/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
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