A Florida judge has granted the defense team’s motion for a mistrial in the Home Depot murder case because of an “unhinged juror.”
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 the mother of his child at a Pensacola Home Depot store last year.
“A particular juror has not treated this case during the evidence with the seriousness that they should have, that has apparently continued during deliberations,” Judge Coleman Robinson told WKRG.
The problems reportedly began when juror Sallie Sue Smith was caught with a crossword puzzle during testimony, according to WEAR News 3.
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Keith Agee, 20, and his mother, Sheila, were allegedly texting about his plans to kill Brooklyn Sims at The Home Depot in Pensacola. (Escambia County Sheriff’s Office)
On Tuesday, Smith was found working on a crossword puzzle during witness testimony. The next day, she was found using another crossword puzzle during deliberation.
Smith told WEAR News that the puzzle “helped her focus,” and denied any threatening behavior in the jury room.
“It was me,” Smith told WEAR News. “Well, I didn’t know it was a bad thing. I do that when I concentrate and I’m listening. You couldn’t see the bench or witness stand very well cause it was dark. But I could hear it… That’s just the way I do. I just do that and I had no idea and then when they told me I wasn’t supposed to do it, I stopped. And then, today, when I went into the jury room, I had another crossword puzzle.”
Other jurors also later shared concerns about their safety during deliberations with Judge Robinson.
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Sheila Agee, 50, is facing charges in the shooting death of 18-year-old Brooklyn Sims after allegedly helping her son plan the attack. (Washington County Jail)
“It is just a single piece of paper with a crossword puzzle printed on one side and not sure what’s on the other side,” said Robinson. “…I cannot ever recall a juror doing a crossword puzzle during a trial.”
Judge Robinson later questioned each juror, calling them in, one by one, and asked if they felt safe to continue after concerns were relayed to him by security.
Nearly 20 witnesses took the stand, while it took prosecutors less than two days to rest their case against Agee. However, due to the jury’s issues, the trial was “hindered beyond repair.”
Smith didn’t say what her decision was on a verdict, but denied any threatening behavior to WEAR News.
“We retired to the jury room and started to deliberate,” Smith said. “It became obvious to me right away that I was in the minority of one versus 11 other people… At first, it started out reasonable. A lot of shouting, and I can shout, too.”
“I do have a loud voice, but I was being shouted down by a lot of people,” Smith added.
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Keith Agee, 20, is charged with homicide and aggravated battery in the shooting death of 18-year-old Brooklyn Sims. (Escambia County Jail)
Agee, 51, was charged with principal to first-degree premeditated murder after police discovered text messages allegedly showing her help plan the shooting death of the mother of her son’s child, 18-year-old Brooklyn Sims, who was also Sheila’s co-worker.
Her son, Keith Agee, 20, was arrested by the Escambia County Sheriff’s Office in connection with the deadly Aug. 11, 2023 shooting of Sims.
“According to text messages, it’s clear that Keith Agee’s mother, Sheila Agee, knew and participated in the plan to kill Brooklyn Sims. Additionally, text messages between mother and son highlight the mother’s involvement in helping locate the victim,” the ECSO previously wrote on Facebook.
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The department released the alleged text messages between the mother and son on its Facebook page, claiming they took place right before Sims was shot and killed.
“The murder itself is unbelievable, but to know the mother knew about it and helped coordinate it is incomprehensible,” Sheriff Chip Simmons said previously via Facebook.
The case is expected to be back in court on Feb. 5.
“Another jury will have to come back and listen to the evidence in front of another jury where hopefully, those certain members will follow common sense, will follow the law, will treat their fellow jurors with decency and appropriateness. And will reach a verdict, whatever that may be, that is a fair and just verdict for both sides,” Robinson said.
Fox News Digital’s Elizabeth Pritchett contributed to this report.
