Prosecutor Leans Toward Second Trial For Hunter Trial In Shooting Death Ends With Hung Jury

Bonner County Prosecutor Randall Day is considering a new trial for a hunter accused of killing his companion last fall.

“The death of a human being is very important,” Day said after a 1st District Court jury failed to reach a unanimous verdict on the involuntary manslaughter charge against Dennis Miner, who has insisted he was not acting recklessly when he shot Cody Taylor last October.

Defense attorney Phil Robinson contends Miner has paid enough of a price for his mistake.

But Day said flatly, “My position hasn’t changed. I still believe there’s enough evidence for 12 people to convict. The death of Cody Taylor still has to be answered.”

Foreman Bernadette Kirk said the jury was deadlocked at 10-2 in favor of conviction and there was no hope of swaying the final two votes following last week’s four-day trial.

It was a major shift from the position early in the deliberations, Kirk said, when the jury was split 7-5 in favor of acquittal.

But after hours of discussion, Kirk said 10 of the jurors were convinced Miner acted recklessly.

“But the other two felt it was mainly a mistake,” she said. “They felt that an unobstructed shot was not reckless and that was the crux of the argument.”

Kirk, however, expressed concern about the message sent to hunters.

“We just hope to God no one is going to shoot a son, husband or a brother,” she said. “If he had done what Hunter Safety says he should have done, Cody Taylor would be alive today.”

“We’re talking about a human life,” Kirk said.