Judge declares mistrial in Gibson Co. murder case

GIBSON COUNTY, Tenn. — A judge has declared a mistrial in the case of a man accused of killing his friend over a game of dominoes.

Jerry Heavner

Jerry Heavner of Milan is charged with first-degree murder in the death of 58-year-old James Cannon.

Judge Clayburn Peeples declared a mistrial Tuesday afternoon during a hearing in Trenton.

“He’s not happy,” Attorney Tim Crocker, representing Heavner said.  “He’s been under the stress of having a first degree murder charge over his head going on 3 years.”

A new trial date with a new jury has been set for April 5.

The cause of the mistrial involved jurors overhearing the victim’s family members react to testimony. “The state felt like that prejudiced their case. I disagree with that. The trial was moving in the direction I wanted it to,” Crocker said.

The judge said if any of the victim’s family react during testimony or opening arguments in the new trial he could have them jailed for the remainder of the trial.

State prosecutors declined to comment, but did say in open court both sides deserve a fair trial.

Investigators have said Heavner fatally shot Cannon the evening of Dec. 10, 2013, near Milan when a game of dominoes turned violent.