A Charleston man once convicted of manslaughter has been released from jail after the South Carolina Supreme Court ruled he cannot be retried, due to a serious mistake made by the trial judge. The controversial case has drawn public attention—not just for the violence of the crime, but for the rare legal twist that set the accused free.
Man Accused of Deadly Assault Released After Court Ruling
John Joseph Erb walked free from the Al Cannon Detention Center on Tuesday after the state’s highest court ruled that he cannot be retried for murder or manslaughter in the death of Donald Blake.
Erb was initially accused of striking Blake with a baseball bat multiple times during an incident at his home in March 2020. Erb admitted to the attack but claimed he acted in self-defense, invoking South Carolina’s habitation law, which allows homeowners to use force to remove intruders.
Jury Found Him Guilty, But the Verdict Was Overturned
In September 2023, a jury found Erb guilty of manslaughter, but not guilty of murder, after more than five hours of deliberation. However, the verdict began to unravel when one juror changed her mind.
As part of the post-verdict procedure, each juror was asked to confirm their decision. But when the eleventh juror was questioned, she stated it was no longer her verdict. This is where the legal issue began.
Judge’s Unusual Handling Leads to Mistrial
Then-Ninth Circuit Judge Bentley Price told attorneys to “hang tight” and left the courtroom. When he returned, he called the juror back in and questioned her privately, asking her to explain her change of heart. Despite both the defense and prosecution strongly objecting to this move—saying it could be coercive and inappropriate—Price went ahead.
The juror explained that she originally believed Erb was not guilty, but had agreed to a guilty verdict just to end the pressure from other jurors. She confirmed her belief remained “not guilty.”
Judge Price then declared a mistrial on the spot.
Supreme Court Slams the Judge’s “Snap” Decision
The South Carolina Supreme Court reviewed the case and heavily criticized Judge Price’s actions. Justice John Cannon Holmes questioned why the judge even intervened, calling it a “rhetorical point,” while Justice George C. James Jr. noted that simply sending the jury back to deliberate could have saved the case.
The court ultimately ruled that Price’s interference violated Erb’s constitutional rights, and because of that, Erb cannot be tried again for either murder or manslaughter—a rule known as double jeopardy under the Fifth Amendment.
Judge Price Later Found Unqualified
Adding to the controversy, the South Carolina Bar Association later found Judge Price unqualified for the bench in October 2023, just weeks after this trial.
What This Means for the Case
Because of this rare legal misstep, Erb can no longer face trial for Blake’s death. Whether or not the original jury would have stuck with the guilty verdict after further deliberation is now irrelevant. The mistake by the judge led to a mistrial that legally cannot be undone.
John Joseph Erb’s release is a stark reminder of how critical proper courtroom procedures are—especially when life and liberty are at stake. In this case, one judge’s error cost the state its chance to finalize a verdict, and left the victim’s family without legal closure. The South Carolina Supreme Court’s ruling reinforces the importance of protecting constitutional rights, even in complex and emotional criminal cases.
