In 2018, Deion Reed, who was only 21-year-old at the time, was charged with the murder of his 3-month-old son who suffered serious injuries and later died. Reed had taken his son to OU Children’s Hospital on March 26 after he claimed he dropped the baby after he choked on some food. Police officers arrived at the hospital while the three-month-old was in critical condition as the injuries he suffered “did not appear to be accidental in nature” [Source: KOCO News 5.]

On that same day, Reed was arrested and booked into the Oklahoma County Jail on two counts of child abuse. After investigators learned that the baby died, they amended Reed’s charges. Instead of facing child abuse charges, Reed was now charged with an additional crime—first-degree murder. OklahomaNews 4 said that a probable cause affidavit stated that investigators said Reed admitted to “running the child’s head into the door,” and “tossed” the baby across the bed and into a wall.

Fast forward to February 2020.

KOCO News 5 recently reported that Reed’s trial was held in February 2020. As mentioned above, he was facing three charges—one count of first-degree murder and two counts of child abuse. During the trial, a doctor testified that “a short fall would not have led to the brain injury that killed Dexter,” Reed’s deceased son. The doctor also compared the injuries the baby suffered to those you might see someone sustain in a rollover crash.

In response to the accusations, Reed’s defense team “argued that the baby’s death was an accident” and that Reed did not throw Dexter against a wall. After both sides had an opportunity to present their side of the case, a jury deliberated for more than 10 hours. Jurors struggled to reach an agreement which caused the deliberation to carry on into the early morning hours.

A decision is finally reached.

Because jurors found Reed not guilty on the second count of child abuse and were hung 11-1 on the other two counts, the case ended in a mistrial. The prosecution said that if the case resulted in a mistrial, which it did, it would retry Reed.


What is a mistrial?


A mistrial occurs when either circumstance is present in a criminal case:

  1. The jury is unable to reach a verdict.
  2. There is a “serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.”


There are several reasons why a case ends in a mistrial, some of which include:

  • The death of an attorney or juror.
  • “A remark that would be highly prejudicial to a party and that the judge may feel cannot, in spite of instructions, be ignored by the”
  • Members of the jury “discussed the case contrary to court instructions or that a sequestered jury was able to read or hear newspaper or other media reports of the trial.”
  • Most criminal cases end in a mistrial because the jury cannot arrive at a verdict (i.e. hung jury).


What happens when a case ends in a mistrial?


There are few things that can happen when a criminal case ends in a mistrial. These include:

  1. The case may be tried again at a later date before a new jury. Now, if a new trial is held, that trial would start from the beginning “with the previous testimony or other findings not necessarily relevant in the new court proceedings.”
  2. The plaintiff or government may choose not to pursue the case further which means a second trial will not be held.


Were you charged with a criminal offense in Oklahoma?


Are you seeking legal assistance to fight your charges?


If you have been charged with any type of criminal offense including, but not limited to, theft, assault, burglary, possession of a controlled substance, embezzlement, domestic violence, etc., and have not retained a criminal defense attorney in Oklahoma, it’s time you contact The Henson Law Firm, PLLC. If you want to fight your charges or get them reduced to a lesser degree, you are going to need a dedicated and aggressive OK criminal defense lawyer working on your side.

Choosing the right Oklahoma criminal defense attorney after being charged with a criminal offense is very important as you don’t want to hire someone who is going to lead you in the wrong direction which could result in you being hit with the maximum penalties. To prevent from you becoming a victim of incompetent counsel, we recommend you contact this criminal law firm in Oklahoma and allow their team of experienced lawyers to defend your rights and freedom.

For a free consultation, contact The Henson Law Firm, PLLC today.


The Henson Law Firm, PLLC is located at:


601 S. Boulder, Suite 600

Tulsa, OK 74119

Phone: 918-551-8995


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