Apr 28, 2023

Kan. juror blamed for mistrial due in court to face charges

Posted Apr 28, 2023 2:00 PM
First responders at the scene of the fatal 4-vehicle crash photo courtesy KWCH
First responders at the scene of the fatal 4-vehicle crash photo courtesy KWCH

SEDGWICK COUNTY—  A juror accused of actions that prompted the judge to declare a mistrial in a murder, aggravated battery trial Wednesday will face charges in court Friday, according to the Sedgwick County District Attorney's office.

The trial on Wednesday involved a man who was accused of fleeing police when his pickup was involved in a four-vehicle crash that killed a pregnant Kansas woman. 

According to a statement from Sedgwick County District Attorney Marc Bennett, the District Court declared the mistrial after it came to the court’s attention that a juror had shared news media reports with other jurors.

The juror is scheduled to face charges during a court appearance at 10a.m. Friday.

Ervin-photo Sedgwick Co.
Ervin-photo Sedgwick Co.

In July of 2021, a 2002 Dodge Ram driven by Javan Jermaine Ervin, 37, Wichita, was actively attempting to elude law enforcement following a robbery.

The pickup was northbound on Ridge Road in Wichita at a high rate of speed and failed to stop at the red traffic light at Central Avenue.

The pickup collided with a westbound 2000 Chevy Silverado driven by Jordan Samuel Peltzer, 40, Henderson, Nevada.

Samantha Russell and her husband Brandon -photo GoFundMe
Samantha Russell and her husband Brandon -photo GoFundMe

The impact caused the driver side rear wheels and tires to detach from the vehicle which collided with a 2016 Jeep Compass driven by Connie L. Holt, 73, Wichita, that was stopped on the inside left turn lane from South bound Ridge Road to East bound Central Avenue.

The Dodge Ram then collided with 2019 Mazda CX3 driven by 22-year--old Samantha Lee Russell which was stopped behind the Jeep. The Dodge Ram then rolled onto its top and came to a rest in the North bound lanes of Ridge Road.

EMS transported Russell to Wesley Medical Center where she was pronounced dead. She was 33 weeks pregnant. Doctors delivered the baby boy who at that time was hospitalized in critical condition.

The trial for Ervin has been set for retrial on June 5, according to the district attorney's office.