John Joseph Erb, a man previously convicted of manslaughter, was released from the Al Cannon Detention Center on Tuesday, following a ruling by the South Carolina Supreme Court that he cannot be retried for murder. The decision came after the court found that a former Charleston judge, Bentley Price, made an error that led to the mistrial of Erb’s case.
The Error and Mistrial
In September 2023, Erb had been found guilty of manslaughter in connection to the death of Donald Blake, who was killed in March 2020 after Erb allegedly struck him with a baseball bat at least three times. However, the conviction was later overturned when Judge Price granted a mistrial, citing an “erroneous” questioning of a juror who changed her mind regarding Erb’s guilt.
The juror, after deliberating with others, told the court that her decision had shifted to “not guilty,” which led Judge Price to engage in further questioning, a move that both the defense and prosecution objected to. The South Carolina Supreme Court ruled that this questioning was inappropriate and caused the verdict to “implode,” rendering the judge’s decision to declare a mistrial incorrect.
Judge’s Actions and Consequences
In his actions, Judge Price’s decision to question the juror individually was seen as coercive by both parties in the case. The South Carolina Bar Association later found Judge Price unqualified for the bench in October 2023.
Legal Implications and Court Ruling
The South Carolina Supreme Court’s ruling makes it clear that Erb cannot face retrial due to the constitutional error caused by the mistrial. Justice George C. James Jr. pointed out that if Judge Price had simply allowed the jury to continue deliberating, the issue could have been resolved without further complications.
The Crime and Defense
Erb was accused of hitting Blake with a baseball bat at least three times in March 2020. He claimed to have acted in self-defense and cited South Carolina’s habitation law, which gives individuals the right to remove someone from their home if they feel threatened.
Erb’s Legal Status
With the Supreme Court ruling in his favor, Erb’s legal battle over the murder and manslaughter charges is over, and he will not be retried for the crimes. The case has drawn attention to issues of judicial conduct and the procedural integrity of legal decisions.
