A mistrial was declared Friday in the trial of Dewayne Duncan, who was charged in the 2022 death of a Hammond man outside a convenience store.
The mistrial occurred after a juror experienced a medical emergency, according to Lake County Prosecutor’s Office spokesperson Myrna Maldonado.
Defense attorney Brandon Hicks said the trial has been rescheduled for Feburary.
In testimony Tuesday, Lake Superior Court Gina Jones cleared the courtroom for the state’s star witness, Karl Frazier, because he and his family had had an altercation with the family of the victim, 23-year-old Durron DeGroot of Hammond, outside the courtroom. Frazier, as a result of that altercation, got on the stand and said he didn’t remember key details of the case because he was afraid of what DeGroot’s family might do.
After the courtroom was cleared, Frazier told the court that he met Duncan and Duncan’s friend, defendant Javonta Williams, in Callahan Park in East Chicago on August 6, 2022 to give Duncan marijuana to sell to DeGroot. Duncan and Williams then left the park and met up with DeGroot at the Kwik Mart.
A half-hour later, DeGroot was shot dead.
Frazier, who described the situation based on camera footage captured at the park, told the court that he had no intention of robbing or killing DeGroot and had no idea Duncan was armed.
Earlier in the Tuesday hearing, Hicks tried to get a picture of the gun Duncan tried to sell to his friend, Justin Ward, because he wasn’t made aware it existed until over the weekend before trial. Deputy Prosecutor Maureen Koonce, however, pointed out that there were details of gun in the evidence from the start of the investigation, so the picture wasn’t a surprise.
Duncan, now 21, of Chicago, is charged with two counts of murder and one count of robbery. He has pleaded not guilty.
DeGroot was found dead, shot once in the head, according to the probable cause affidavit.
Koonce alleged in previous court filings that Duncan was part of a “common goal” to rob DeGroot, and was “the connection” to the relative who admitted he agreed to sell the victim marijuana.
Hicks on Monday disputed the “timeline” he said prosecutors presented to jurors in opening arguments.
The security footage did “not clearly show” him, he was “never found” in the stolen vehicle later and his DNA was not on it, he said.
At Kwik Mart located at 4203 Hohman Avenue, DeGroot went to the alleyway and appeared to “exchange something” with a teen in a green sweatshirt.
The driver, Duncan, is wearing black and white and steps out, then DeGroot appears to fall down, an affidavit alleges. The teen in the green sweatshirt, Williams, momentarily flinched from the gunshot. He grabbed a gun off DeGroot’s waist belt, before they fled, charges state.
Another witness said they were on FaceTime with DeGroot just before the shooting, the affidavit states. DeGroot went inside to wait for the dealer, but the witness told him to leave if no one showed.
“I hope I’m not getting set up,” he repeatedly said.
The Kwik Mart shooting was captured on security footage.
Williams, now 20, signed a plea deal in the case, filings show.