Mistrial ruled in case against Bradenton man charged with fatal shooting

BRADENTON -- After 10 hours of deliberations Monday and Tuesday, a judge ruled a mistrial in the case against a Bradenton man charged with the fatally shooting a 19-year-old pregnant woman.

Everrick Houston, 33, was charged with two counts of first-degree murder and one count of armed burglary.

At about 3:30 p.m. Tuesday, the jury of 12 sent a note to Circuit Judge John Lakin indicating they were deadlocked with one juror preventing a unanimous vote.

"We are done, we have nothing else left to say to convince that one juror," a follow-up note read moments later.

In the early morning hours of July 12, 2009, Crystal Johnson was shot when at least two men burst into the home she shared with her mother, sister and boyfriend. Lawrence Funsch, Johnson's boyfriend and the father of her unborn baby, exchanged gunfire with the intruders.

Johnson was taken to Manatee Memorial Hospital where she died. Her baby, Lariah Faith Funsch, was delivered via emergency C-section and taken to All Children's Hospital in St. Petersburg where she died eight hours later.

At Houston's case management hearing Dec. 18, attorneys for both sides will discuss rescheduling a new trial. Lakin, scheduled to be rotated to the Civil Court bench, is unsure if he will preside over the retrial, he indicated.

The jury had begun deliberations at 6:30 p.m. Monday, after a day of jury selections and five days of testimony. After deliberations were suspended at 10 p.m., they reconvened at 9 a.m. Tuesday working almost non-stop to reach a decision.

Several times, questions were sent by the jury with requests such as to relisten to the 911 call, the witness statements, open sealed evidence and to have a microscope or magnifying lens.

Early into deliberations Tuesday, one woman juror was brought before the judge and attorneys after expressing to a deputy she realized she knew Houston's aunt.

The juror said she didn't realize until Monday night -- when she saw her friend sitting in the audience -- that she was related to Houston. She said she did not know Houston, however, and felt she could fair in making a decision.

The jury note also indicated a couple jurors refused to change positions preventing a unanimous vote. Lakin read them an Allen charge, a set of jury instructions written by the Florida Supreme Court asking them to continue deliberating as long as a verdict is believed to be possible but without coercing anyone to change their views.

Houston arrived at Manatee Memorial Hospital shortly after the shooting at Johnson's home with a gunshot wound to the chest. During initial interviews he told detectives he was shot while walking down the street by a "Mexican" with a shotgun. On Monday, Houston changed his story saying he was going to DeSoto Village to see a female friend when he heard gunshots, saw people running and was shot falling into the railing where his blood was later found. Houston said he could not remember his initial recollection of being shot by a "Mexican."

This is the second time Houston has been charged in the case. In 2009, while still in the hospital, detectives charged Houston with two counts murder and one count armed burglary.

Days before the case was set for trial, the charges were dropped after a judge ruled DNA evidence from Houston's bloodied clothes should be suppressed because investigators did not lawfully obtain them.

Charges were filed again in 2013 while Houston was in serving a federal prison sentence on unrelated charges.

A second suspect, Gregory Kennon, was convicted of identical charges in 2012 and is serving a life sentence.

Houston is a twice-convicted felon. His arrest history includes charges of armed robbery, domestic battery, domestic aggravated battery, aggravated assault with a motor vehicle, dealing in stolen property, motor vehicle theft and possession of a controlled substance.

Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.

This story was originally published November 26, 2014 at 12:00 AM with the headline "Mistrial ruled in case against Bradenton man charged with fatal shooting."