A Florida judge has granted the defense team’s motion for a mistrial in the Home Depot murder case because of “unhinged jurors.”
After more than five hours of deliberations earlier this week, an Escambia County judge called a mistrial for Shelia Agee, who is accused of helping her son kill a mother at a Pensacola Home Depot store last year.
“A certain jury has not considered this case during the evidence with the seriousness that they should have, which apparently continued during the deliberations,” Judge Coleman Robinson told WKRG.
The trouble started when juror Sallie Sue Smith got caught in a crossword puzzle during testimony, according to WEAR News 3.
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Keith Agee, 20, and his mother, Sheila, are accused of sending text messages about plans to kill Brooklyn Sims at The Home Depot in Pensacola. (Escambia Sheriff’s Office)
On Tuesday, Smith was found working on a crossword puzzle while testifying. The next day, he was found using another crossword puzzle during deliberations.
Smith told WEAR News that the puzzle “helped him focus,” and denied any threatening behavior in the jury room.
“That’s me,” Smith told WEAR News. “Well, I don’t know it’s a bad thing. I do it when I concentrate and I listen. You can’t see the bench or the witness stand too much because it’s dark. But I hear. I just do it and I don’t understand and when they say that I don’t have to do it, I quit another crossword puzzle.”
Another juror also later expressed safety concerns during deliberations with Judge Robinson.
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Sheila Agee, 50, faces charges in the shooting death of 18-year-old Brooklyn Sims after allegedly helping her son plan the attack. (Washington County Jail)
“It’s just a piece of paper with a crossword puzzle printed on one side and I’m not sure what’s on the other side,” Robinson said. “…I can’t recall a jury doing a crossword puzzle during a trial.”
Judge Robinson later asked each juror, calling them in, one by one, and asked if they felt safe to continue after their concerns were relayed to him by security.
Nearly 20 witnesses took the stand, while prosecutors took less than two days to rest their case against Agee. However, due to jury issues, the trial was “irreparably obstructed.”
Smith did not say what his decision was in the verdict, but denied the threatening behavior to WEAR News.
“We retired to the jury room and began to deliberate,” Smith said. “It became obvious to me as soon as I was in the minority of one versus 11 other people … At first, it started quite. A lot of shouting, and I could also shout.”
“I have a loud voice, but I get yelled at by a lot of people,” Smith added.
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Keith Agee, 20, is charged with murder and aggravated battery in the killing of 18-year-old Brooklyn Sims. (Escambia County Jail)
Agee, 51, was charged by the school’s principal with first-degree premeditated murder after police discovered text messages that allegedly showed her helping to plan to kill the mother of her son, 18-year-old Brooklyn Sims, who was Sheila’s co-worker. .
Her son, 20-year-old Keith Agee, was arrested by the Escambia County Sheriff’s Office in connection with the Aug. 11, 2023, shooting of Sims.
“According to the text messages, it is clear that Keith Agee’s mother, Sheila Agee, knew about and participated in the plan to kill Brooklyn Sims. In addition, the text messages between mother and son highlight the mother’s involvement in helping to find the victim,” ECSO previously wrote. on Facebook.
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The department released the alleged text messages between the mother and son on their Facebook page, claiming it happened before Sims shot and killed.
“The murder itself is unbelievable, but knowing the mother knew about it and helped coordinate it is unbelievable,” Sheriff Chip Simmons said earlier via Facebook.
The case is expected to return to court on February 5.
“The other jurors have to go back and hear the evidence in front of another jury that hopefully, certain members will follow their common sense, they will follow the law, they will treat their fellow jurors with courtesy and properness. And they will reach a verdict. whatever it is, this is a verdict that’s fair and just for both sides,” Robinson said.
Fox News Digital’s Elizabeth Pritchett contributed to this report.
