Jury deadlocked in trial for 2003 murder in south Minneapolis

A jury deadlocked Friday after more than two days of trying to reach a verdict in the trial of a man accused of murder in what a prosecutor called a gang dispute over drug-dealing turf in south Minneapolis.

Jonathan Turner, 24, was tried in Hennepin County District Court on charges of first-degree premeditated murder and second-degree murder, as well as both crimes for the benefit of a gang, for the fatal shooting of 19-year-old Javon Spencer in 2003.

In an unusual interview Turner granted during deliberations, he claimed he was falsely accused and wasn't even in a gang.

On Thursday afternoon, the jury asked Judge Deborah Hedlund what happens if they are "deeply divided." One juror said the jury was unanimous in its inability to reach a verdict. Hedlund told them they needed to return to the jury room and talk more.

The jury began deliberating mid-day Wednesday and had been sequestered overnight at a hotel. A hung jury was declared Friday afternoon.

Selection of a new jury was scheduled to begin Oct. 26. Assistant Hennepin County Attorney Judy Johnston declined this week to say whether prosecutors, in the event of a hung jury, would seek to retry Turner. He also faces charges that he killed Marcus Dortch a couple of weeks before Spencer died.

"Everybody did their jobs, did their roles to the fullest, and we'll try again," said Turner's attorney, Gary Wolf.

In the interview after deliberations began Wednesday, Turner said that rival Family Mob gang members falsely accused him of an unsolved Minneapolis murder to get themselves credit on their sentences. It wasn't until five years after the killing, when the prosecution's key witnesses faced prison terms, that they claimed that Turner killed Spencer on the 2000 block of Park Avenue S., the defendant said. Turner did not testify in the trial.

Turner said the prosecutor offered a deal: Plead guilty to both murders and serve 15 years in prison. If convicted by jury of first-degree murder in either case, he faces life behind bars without the possibility of parole.

"I can't take a deal for what I didn't do," Turner said.

Murder defendants rarely talk to reporters during a trial -- especially during deliberations -- but Turner said he wanted to exercise his First Amendment rights.

In her closing argument Wednesday, Johnston said the case was "about money. It was about business -- albeit an illegal business."

Johnston said Spencer was dealing drugs in an area known as "the Zone" near the corner of E. Franklin and Park Avenues when Turner told him to move off turf belonging to the Southside 20s gang, an offshoot of the Family Mob. Testimony indicated that drug proceeds in the Zone can hit $20,000 a week.

Johnston said Spencer refused to move, saying that he had sold there longer than Turner.

According to the prosecution, Turner responded by joining others in ambushing Spencer in his truck shortly after 4 a.m. Spencer, 19, died quickly in the street from multiple wounds from a .40-caliber semiautomatic handgun.

The prosecution's case relied on the testimony of Family Mob gang members who testified in hopes of receiving reduced prison time.

In his closing argument, Wolf said Turner couldn't have been the killer because he was at home, wearing an ankle bracelet that alerted his probation officer if he left his house from 8 p.m. to 6 a.m. In Wolf's view, Spencer's response to the turf discussions was consistent with him being allowed to deal on the 20s' turf.

Turner himself questioned several aspects of the prosecution's case. He asked why none of the witnesses against him -- primarily Family Mob members -- talked to police in 2003.

Turner said he has struggled since being jailed in August 2008, going on antidepressants so he could sleep. He said that he never has been in a gang and has no tattoos.

Turner said he dealt crack in 2003 because he could make at least $700 a night, but he added that he didn't use the drug. He also was working toward a business management degree with the hope of opening his own convenience stores. He has since turned to writing, targeting an urban audience with tales from the streets.

"I'm not even supposed to be here because there's no evidence; they know these guys are lying," he said.

One prosecution witness, when shown a map of the crime scene, said the shooting occurred farther north on Park Avenue.

"It's like America's Dumbest Criminal," Turner said. "The answer's right here, and you can't even lie right."

Wolf agreed with Johnston on the issues in the case: "This is a case about greed and power and arrogance. We agree. But it was on the part of the government."

Staff writer Sarah Lemagie contributed to this report. raolson@startribune.com • 612-673-1747 vtuss@startribune.com • 612-673-7692