Judge Declares Mistrial in West Omaha Nightclub Murder

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Judge Declares Mistrial in West Omaha Nightclub Murder

By Jake Wasikowski. CREATED Jan 24, 2014

Omaha, NE -- Prosecutors will have to retry a man accused of gunning down another man outside a west Omaha nightclub.  Friday afternoon, a judge declared a mistrial in the murder trial of Avery Tyler.

Tyler, a former Bellevue University basketball player, was on trial for the murder of Delayno Wright.  Prosecutors say Tyler shot Wright after a confrontation outside of the Halo nightclub near 175th W. Center Rd. in September 2012.

The mistrial was declared because some jurors were making inappropriate comments about the case after the trial began.  The judge decided it violated the juror oath.  Public Defender Tom Riley and Douglas County Attorney Don Kleine were both frustrated after the decision.

"We spent tremendous amount of time preparing, we had witnesses lined up, we had airline tickets for witnesses to come in from out of town,” Kleine explained.

Attorneys had concluded much of the police testimony, and started questioning witnesses who were there when the shooting happened.  Both sides wouldn't disclose exactly what the jurors were discussing that violated the oath they take.

"I don't think these people were intentionally doing anything wrong but there were clear violations of the rules,” Riley described. “Sometimes I feel that maybe the jurors don't fully digest the gravity of adhering to the oath that they took."

A new trial date has not been scheduled.