Houston jury unable to agree on sentence for manslaughter convict in the killing of a father of 2
HOUSTON, Texas (KTRK) -- A new sentencing phase is expected after jurors who convicted a man in the killing of a father of two were unable to agree on a punishment.
A Houston jury has been deliberating since Wednesday to determine how long Lazarius Harper will spend in prison.
The video above is from a Dec. 13, 2023, report.
On Thursday afternoon, the panel remained deadlock from the day before, when presiding Judge Danilo Lacayo read jurors an Allen Charge, in which the jury is encouraged to agree. The court received multiple jury questions Wednesday, including three notes in which the jury explained they couldn't agree.
Jurors found Harper guilty of manslaughter in the Aug. 13, 2021, shooting death of Kevin Kirk, a 48-year-old who was on his way home from picking up dinner when he died. They were able to consider a murder charge.
The jury is composed of nine women and three men.
Manslaughter is recklessly causing the death of an individual, according to the Texas Penal Code. Harper faces up to 20 years in prison under sentencing guidelines.
So what happens next? Harper's sentencing will occur again, likely with a new jury selection round. Eyewitness News is awaiting word from to court about when that process will start.
How Kirk died
The ordeal happened in the 9000 block of Westheimer Road on the evening of Aug. 13.
While responding to a call about a crash, officers learned Kirk had been shot.
Police later learned that a group of men on ATVs, dirt bikes and bicycles surrounded Kirk's car and started kicking it while trying to open the doors.
During the incident, police said Harper shot at the victim as he tried to get away.
Investigators said Kirk lost control of his car and crashed.
Harper, 26 years old at the time, was arrested two weeks later.
