Sonora, CA — David Roy Stanton will be retried for the August 25, 2007 murder of 29 year old Jon Steven Flaherty.
When the verdict was handed down in Department One of Tuolumne County Superior Court this afternoon, 10 jury members voted to convict Stanton of second degree murder while the other two voted for voluntary manslaughter.
Prosecuting Attorney James Newkirk stated that the jury was essentially hung in determining the degree of murder. The three choices were first degree murder, second degree murder and voluntary manslaughter. All jurors agreed the act was an unlawful murder.
Stanton is now scheduled for a trial setting conference Monday, March 3 at 8:30am in Department One. An entirely new jury would be selected for his retrial unless an undisclosed offer by the District Attorney´s office is accepted by Stanton and his attorney Rick Angermiller.
Stanton´s sister, Shawna Lea Stanton, was convicted of being an accessory after the fact and a felon in possession of a firearm. She will be sentenced March 24 at 1:30 in Department One of Superior Court.
Written by Bill Johnson