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BREAKING NEWS No Decision in Murder Trial By Linda Cicoira A Parksley man was remanded to jail Thursday night after an Accomack Circuit Court jury reported they were “hopelessly deadlocked” following about three hours of deliberations over a murder charge. Judge Glen A. Tyler declared a mistrial in the case of Tyvon Lyncurtis Smith, also known as Teddy Smith, of Diamond Spring Lane in Parksley. The 19-year-old is accused of murdering Belarmino Escalante on July 21, 2011 at the former Godwin’s Plant World on Lankford Highway in Rue. The jury was also tasked with finding a verdict regarding counts of use of a firearm in the alleged murder and transporting a firearm by a felon. The jury made a determination about the latter charge but Tyler would not accept it saying all alleged crimes were interrelated. The judge praised the jury for their service and explained that the panel should not be concerned about his declining their decision. “This is a legal conclusion … this has not been an easy trial. I understand that.” Smith, his mother, and his stepfather testified that Smith was home when the murder occurred. Commonwealth’s Attorney Gary Agar said he would retry the case. The victim, a 25-year-old native of Guatemala who lived in Greenbush with his wife and four children, died from a single gunshot wound to the heart. Devonte Davis, 19, of Airport Road in Melfa testified that he, Smith and Kevonte J. Bell, 19, of Gaskins Road in Onancock followed a Hispanic man from Royal Farms in Nelsonia to the site to rob him. They were surprised when the man’s coworkers showed up and were abandoning the plan when Davis said he heard the shot and saw Bell with a gun. Bell was driving the vehicle. Escalante’s last words were a demand that the others get the license plate number of the car that held his fleeing killer. But, the car left so quickly they were unable to do so. It was dark at about 4 a.m. when the shooting occurred and the witnesses also could not identify the culprits. The Perdue chicken catchers regularly park their cars at the site and are taken by their supervisor to job sites. The boss was more than an hour late and the workers went to get snacks and gas. Charges of attempted robbery and use of a firearm against Smith were dismissed earlier in the trial due to lack of evidence. While deliberating on the other counts, the jury asked if it could consider second-degree murder. That was not in the instructions, Tyler told them. The panel was also advised that first-degree murder could be considered for all those involved in a crime regardless of who is the shooter. Davis pleaded guilty in August to attempted robbery. He said Thursday it was the only crime he felt he committed in connection with the incident. His trial for the other charges is set for March 14. Pre-trial motions for Bell will be on May 23.

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