State superior court remand double-jeopardy motion in robbery mistrial
The state Superior Court ordered a Fayette County judge to have a hearing to determine if a man should be retried on robbery charges.
Superior Court Senior Judge Eugene B. Strassburger III on Wednesday indicated a judge should have held a hearing to determine if David Dwayne Brooks could be retried for robbery, or if doing so would amount to double jeopardy.
According to court documents, Brooks, 23, of Uniontown, was charged with allegedly robbing an exotic dancer in Uniontown on April 26, 2015.
Brooks was an acquaintance of the woman but concealed his identity when he approached her as she returned home from work, pointed a handgun to her head and demanded money from her, receiving over $200.
During his trial in 2015, the jury found him guilty of theft but were deadlocked on the remaining charges of robbery, simple assault and recklessly endangering another person, and a mistrial was declared.
He was sentenced to serve one year probation for the theft charge.
Brooks’ attorney filed a motion following the mistrial to dismiss charges, arguing that prosecuting him on the remaining charges was barred by double jeopardy.
Double jeopardy forbids a defendant from being tried again on the same or similar charges in the same case following an acquittal or conviction.
The trial court denied the motion.
Strassburger wrote in his opinion that after reviewing the court records, it appeared that Brooks’ motion was denied without a hearing.
Strassburger added that the record did not contain any findings or conclusions of law regarding Brooks’ motion.
“Because this vital information is missing, we are unable to determine if we have jurisdiction over this appeal,” Strassburger wrote.
In the order, Strassburger instructed a county judge to hold a hearing on Brooks’ motion and if a hearing had already taken place, to deliver a certified copy of the transcript to the Superior Court.
The county court has 60 days to comply.