Douglas Flowers, the suspect in the incident at the River Bar in Ferndale was found guilty in Count 2 by the jury of battery on Shiloh Kunkle, not guilty on Count 3 of public intoxication and a mistrial was declared in Count 1 which was battery causing great bodily injury.
The jury could not reach an unanimous verdict on Count 1. The jury was split 8 /4 and Judge Reinholtsen did not ask which numbers were for guilty or non-guilty.
Only 1 juror stayed and spoke with both attorneys, DDA Roger Rees and defense counsel Glenn Brown. While the jurors mostly found Brian Merle a credible witness, another witness' testimony caused the split.
Mr. Brown said he was disappointed the jury did not come back with a not guilty on all counts. DDA Roger Rees said the "jury did an incredible job of considering all the evidence." Mr. Rees said the testimony of the witness that the jury could not agree on was from someone who was 16 years old when this incident occurred. Mr. Rees is going to speak to the victim in Count 1 and the family to see if he will refile charges.
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