Decision on possible third trial for Denny Wages expected next week - WDRB 41 Louisville News

Decision on possible third trial for Denny Wages expected next week

Emotions run high as a jury for a second time can't reach a verdict on a man accused of killing three members of a Southern Indiana family.  It's a decision that won't come until next week at the earliest -- but it seems unlikely.

Following 12 hours of deliberation, a jury was unable to come to a decision, leading to a emotionally charged moment outside the courtroom as Denny Wages banged his head against an elevator door.

That was after meeting face-to-face with the victims' family.  Wages tried to apologize, but the  family was obviously upset about the outcome of the trial.  Nina Owens, Kimberly Littrell's mother said, "We're just sorry that we didn't get some satisfaction out of it."

Defense Attorney Mike McDaniel said, "He may have picked a bad time, but I think he was trying to do the right thing and make an apology to these people for their loss."

Wages was on trial a second time for reckless homicide in the head-on collision that killed Bobby Littrell, his wife, and their 2-year old daughter four years ago in Floyd County.

Prosecutor Steve Owen says he'll meet next week with the judge and other prosecutors to decide the next step in this unusual case:  "I have to weigh and determine whether justice would indeed be served by another retrial.  Along with Mr. Henderson and other attorneys in the prosecutor's office and investigators and the family, we'll come to a just decision, I believe."

But two juries have already been unable to decide if Wage's actions were criminal or simply negligent, which is a civil matter.  As McDaniel puts it, "It's a mistake and it's a terrible loss, but is it negligence or is it recklessness?  So that's the toughest question there is in the law, I think."

And the Littrell family seems emotionally worn-out after following two trials, with Linda Harness, Bobby Littrell's mother, saying, "I can't let my son die again everytime I go to court.  It feels like he's dying again and I just can't go through it."

If there is a third trial, it would be highly unusual.  But legally it is possible.

That's a decision not likely to come until next week at the earliest.

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