LOUISVILLE, Ky. (WDRB) -- A Louisville man who fled his attempted murder trial in May shortly before a jury decided they couldn't reach a verdict and a mistrial was declared has been caught.

Vernon Jackson's escape after the three days of trial but shortly before jurors declared they were deadlocked created a legal conundrum as to whether a pastor who paid Jackson’s $70,000 bond would have to forfeit it.

On June 6, Jefferson Circuit Court Judge Annie O'Connell expressed sympathy for David Fortney, who paid the bond for Jackson's release, but ruled he took on the responsibility for Jackson to appear in court and he fled before the trial had ended.

"You made a civil agreement, a contract with this court ... that you would ensure that Mr. Jackson would appear," O'Connell ruled. "I appreciate your willingness to believe in rehabilitation and the glass is half-full sort of view you have. ... (But) I find that it was utterly egregious what happened in this court."

However, O’Connell ruled that If Jackson turned himself in within ten days, she would reconsider her order. His bond is now $250,000 cash.

Jackson was arrested June 20, two weeks after O'Connell's ruling. Officers pulled behind him on Taylor Blvd. and Lynnhurst Ave. and he fled, according to a police report. After a short police chase, Jackson allegedly left the vehicle and was found hiding in bushes. 

He was charged with fleeing from police, possession of marijuana and driving without a license. Jackson has pleaded not guilty. 

Prosecutors have said they will retry Jackson on the original charges as well as charges involving his escape.

A hearing has been scheduled for July 1. 

It is unclear as of yet whether Fortney will again request his bond be returned. 

Jackson also has a revocation hearing in a separate contempt of court case that same day for violating the conditions of his conditionally discharged six-month jail sentence.

The Jefferson Commonwealth's Attorney's Office had argued that the bond posted for Jackson in January should be forfeited because Jackson cut off his home incarceration program bracelet and escaped while the jury was deliberating charges of attempted murder, assault and being a convicted felon in possession of a handgun.

Jackson was charged in connection with a shooting that left a man in critical condition in 2021.

Prosecutors argue he violated Kentucky criminal procedures on bond by "failing to appear for the remainder of his jury trial, and not staying in touch with his attorney," Assistant Commonwealth's Attorney Milja Zgonjanin wrote in court records.

But attorney Jan Waddell, who represents Fortney, argued that Jackson fulfilled his bond conditions by showing up for trial March 4. He did not escape until after the trial had concluded three days later, Waddell said.

"The statute reads all he had to do is appear for trial," Waddell argued in court. "The trial was actually over."

O'Connell ruled that all stages of the trial had not concluded, including the jury's verdict.

"This matter is still active and pending," she ruled. "This case has not concluded."

Waddell said that Fortney, pastor of Kingdom Come Church, knew Jackson's father and was only trying to help "out of the kindness of his heart."

"It's like I'm on trial for trying to help somebody," Fortney testified during he hearing. 

Jackson's criminal trial attorney, Casey McCall, has withdrawn from the case.

Had Jackson waited for the jury's decision, he would have been able to go home.

After four hours of deliberation, the jury couldn't come to a unanimous decision and the judge declared a mistrial.

O'Connell then issued a warrant for his arrest.

After the verdict, McCall said he would have argued that Jackson be taken off of home incarceration since the prosecution couldn't get a conviction.

This story may be updated. 

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