A six-day jury trial on three indictments alleging Sexual Assault of a Child concluded with a hung jury, as the panel deadlocked 9–3 for Not Guilty. Following the mistrial, defense counsel John Hunter Smith and Ryan Kreck negotiated a result that provides the client a path forward: deferred adjudication on a lesser, non-sex offense. Under the terms, if the client successfully completes probation, no conviction will be entered on his record.

 

A hung jury occurs when jurors cannot reach a unanimous verdict. In this case, the split (9–3 for Not Guilty) resulted in a mistrial. When that happens, cases may be retried, dismissed, or resolved through negotiation—here, the latter.

 

After the mistrial, the defense reached an agreement for deferred adjudication on a lesser, non-sex offense. Deferred adjudication is a form of community supervision under Texas law in which—if all conditions are successfully completed—no conviction is entered.

 

John Hunter Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization (since 2008) and regularly tries complex felony matters in Texas courts, and Ryan Kreck is Board Certified in Criminal Law (since 2021), serves as a course director for TCDLA’s continuing-education program on defending those accused of sexual offenses, and focuses his practice on serious felony defense.

 

High-stakes felony cases often turn on careful preparation, trial strategy, and post-trial evaluation. When a jury cannot reach unanimity, pursuing a resolution that protects a client’s future can be the most practical path—particularly where the negotiated terms avoid a final conviction if obligations are met.

 

 

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