Murder trial postponed as too few show for jury

Published 12:01 pm Wednesday, February 22, 2012

For lack of enough jurors, the murder trial of a Warren County teen had to be postponed almost before it could begin Tuesday.

Of 250 residents summoned for jury duty, 69 reported to Warren County Circuit Court for the trial of Jeremy Blake Bowlin, 19, who is accused of the shooting death of 25-year-old Timothy Harmon on Jan. 6, 2011.

“There were not enough in the jury pool after I took excuses for statutory reasons, exemptions and excuses for cause,” said Judge Isadore Patrick. “We came up short.”

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Bowlin’s trial was rescheduled for June 25.

“It’s unfortunate we did not have enough jurors to go forward,” District Attorney Ricky Smith said. “It’s hard for the family members of the victim that are anxious to get justice in the case.”

Bowlin is in the Warren County Jail and will remain there until the case is settled, Patrick said.

Turnout varies among jury pools summoned for particular cases, said Patrick, contrasting the number reporting Tuesday with a large group that turned out for civil trial a few weeks ago.

“It’s not that we have a chronic problem or a systemic problem of jurors not showing up, but our citizens should be mindful that if we do see it becoming a problem we will have sheriff’s deputies knock on their doors and serve them notice that they have got to come to court,” he said.

Fellow Circuit Judge M. James Chaney said he has never had to postpone a trial because too few jurors reported, but on occasion has been concerned about low turnout.

Chaney said in some cases he has asked deputies to telephone those who did not report to check on their reasons. Some had moved, some had received their summonses at the last minute, some had put the notice aside and forgotten about it.

Patrick said he thought about having deputies serve summonses to absent potential jurors Tuesday, but discovered 57 notices had been returned to the Warren County Circuit Clerk’s Office by the U.S. Postal Service.

“It’s not uncommon for there to be that many,” said Johnny Williams, a deputy circuit clerk.

Those who do not show up for jury duty risk being found in contempt of court, the judges said. Consequences can include jail time as well as fines and community service — a penalty Chaney said he has imposed perhaps 15 times.

“We’re mindful that people have legitimate excuses, but that has to be presented to us,” said Patrick. “Don’t just not show up.”

In Tuesday’s case, the 69 who reported were whittled down quickly, Patrick said. Lawyers for each side in a murder trial have the option to strike 12 potential jurors, which can eliminate 24 from the pool without any question, he said.

Statutory allowances and exemptions include having served on a jury within the past two years, being older than 65 or having certain criminal convictions. Excuses include having an ill family member at home or being the sole proprietor of a business.

Harmon died from a single gunshot wound to the chest, Warren County Coroner Doug Huskey said.

Sheriff Martin Pace said Harmon was the live-in boyfriend of Jeremy Bowlin’s mother, Christine Bowlin, 38. It was unclear how long Harmon and Christine Bowlin had lived together, he said.

Deputies were called to the trailer park just east of Newmans Road off U.S. 80 when neighbors reported shots fired “at or near” the home just before 4 a.m., authorities said. Harmon’s body was found in the doorway of the home.

An argument reportedly had occurred between Harmon and Jeremy Bowlin, Pace said at the time, and Harmon was shot with a high-powered hunting rifle.