A second trial has been scheduled for a Holts Summit man accused in the 2019 killing of a Jefferson City man.
During a hearing Wednesday before Cole County Judge Dan Green, the case of Devin Schrimpf, 19, was scheduled for a two- to three-day trial starting Jan. 4.
Last week, after deliberating for more than six hours, a Cole County jury could not come to a unanimous verdict in the first trial of Schrimpf; a mistrial was declared.
Schrimpf is charged with first-degree murder and armed criminal action for the Oct. 31, 2019, shooting death of Marquise Conley, 18.
Also during Wednesday's hearing, Schrimpf's attorney, Dan Hunt, asked Green consider allowing Schrimpf to be released on bond as he awaits a new trial.
"My client has been in jail for two years, awaiting this trial and through no fault of his own, the jury was unable to come to a unanimous decision," Hunt said. "I know that there were not guilty votes from some of the members of the jury and knowing that I think would give my client more reason to want to return and have his case heard again."
Cole County Assistant Prosecutor Anji Gandhi said the state would continue to argue Schrimpf remain held in custody until the trial.
Green said he would take the request under advisement and try to make a ruling as soon as possible. All parties decided a case status hearing should be held in December as there is a possibility an agreement could be reached avoiding a trial.
Schrimpf was facing life in prison if convicted. Prosecutors were not pursuing the death penalty.
Gandhi had told the jury in last week's trial Schrimpf had been angry about some men who had been at the home of the woman whom he had a child with on the day before the killing. She was staying at a residence on Rolling Hills Road and the couple's child was with her.
Schrimpf and his friend, Grant Deppe, now 18 but then 16, went to the home and reportedly found there were men there Schrimpf didn't want there. A scuffle occurred and eventually Schrimpf and Deppe were forced out of the home.
Later that night, a friend of the mother of Schrimpf's child called him, saying the mother tried to kill herself. Prosecutors said Schrimpf thought it had something to do with the men they had seen at the home earlier, which led he and Deppe to go over and Schrimpf to fire the shots that killed Conley.
Conley, who had no connection to anyone in the case and had apparently only come over to watch TV, was found dead in a back bedroom as a result of multiple gunshot wounds. The shots were fired through a window into the bedroom.
The mother had been admitted to St. Mary's Hospital about two hours before the shooting. Authorities said hospital video reportedly showed Deppe dropped off Schrimpf at the hospital a few minutes after the shooting was reported so he could talk to the woman.
The afternoon following the shooting, authorities found a 9mm rifle that had allegedly been hidden by Deppe in a large flower pot at the home of his girlfriend's parents in the 1100 block of East High Street. Investigators said they were able to confirm it was the weapon used in the killing due to the 9mm shell casings found at the crime scene and latent prints found on plastic bags with the firearm ammunition that matched Deppe.
In October 2020, Deppe pleaded guilty to attempted second- degree murder and tampering with physical evidence. He had been charged with one count of second-degree murder, but prosecutors amended the charge and also dismissed a charge of armed criminal action.
For his guilty plea, Deppe was sentenced to six years in prison. Schrimpf's defense told jurors it was Deppe who actually shot Conley and the gun used in the killing belonged to him. Hunt told jurors Deppe and some family members wiped the gun down with bleach and cleaning material to get rid of DNA evidence on the weapon.
Hunt also said a witness who lived near where the shooting occurred, heard the gunshots, looked out a window and reportedly saw a person in a red hoodie who had short hair and was carrying a long gun. The defense said video from St. Mary's on that night shows Schrimpf wearing a blue and white hoodie, not a red hoodie, and with long hair.