No mistrial granted in murder trial interrupted by outburst

TAMPA -- Hillsborough Circuit Judge Robert Foster did not grant a mistrial this morning for the first-degree murder trial interrupted by an emotional outburst Tuesday.

Timothy Blackwelder's attorneys argued that he could not get a fair trial after the victim's brother yelled obscenities and lunged for the defendant during Tuesday's proceedings. Joshua Stewart, the older brother of victim George Stewart, became emotional after hearing a 911 recording of his brother screaming in agony from a gunshot. (Click here to listen.)

If no mistrial was granted, Assistant Public Defender Kenneth Littman argued, "what would stop this from happening in any trial?"

Foster dismissed one juror from the panel Tuesday after she said the outburst may influence her verdict decision.

But the judge said today that the rest of the jurors had promised that they could remain impartial and focus only on the evidence. The judge also noted that he had ordered them out of the courtroom before the entire outburst had occurred.

When the jurors came into court around 10 a.m., Foster again reminded them to disregard the outburst and not let it influence their decision.

Blackwelder is accused of killing 24-year-old George Stewart on Dec. 7. Stewart had called 911 after Blackwelder, 25, showed up at the home where Stewart was with his wife and twin toddler daughters.

On the tape, Stewart reported that Blackwelder was violating the restraining order that Stewart's wife had against him. Stewart later told a 911 operator that Blackwelder had a gun pointed at him.

“Oh my gosh,” the operator said.

“Ma’am, he has got a gun pointed at my face,” Stewart said.

Moments later, Stewart could be heard screaming. He had been shot once in the chest.

As that part of the tape aired in court, a couple of Stewart’s family members fled the room. Then Stewart's brother began screaming and lunging toward Blackwelder.

“Come here,” he screamed. “I’m 20 feet away from him. My brother’s dead anyway. I don’t give a f---. My brother’s dead, you piece of s---.”

The brother is not in court today. Foster banned him from returning. Before proceedings got underway this morning, the judge warned the family members present that he would not tolerate any further outbursts.

-- Colleen Jenkins, Times staff writer