VIRGINIA BEACH, Va. — The Office of the Commonwealth's Attorney says based upon a reference from a witness, Judge Lewis declared a mistrial in the aggravated murder case against Darrius White.
White was also facing four additional robbery charges and three counts of using a firearm in the commission of a felony.
The Office of the Commonwealth's Attorney says the Commonwealth is prepared to retry this case in the near future.
Case law established that any mention of or implication that a defendant has a felony conviction is considered prejudicial, according to the Office of the Commonwealth's Attorney.
White is also facing one charge of possession of a firearm by a convicted felon, but will be tried separate from the other charges.
White was accused of shooting and killing 65-year-old Annie May Smith in December 2021 in an armed robbery at the Harris Teeter gas station in the Haygood area of Virginia Beach.
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