May 23, 2012 in City

Prosecutors to seek Brian Moore retrial

By The Spokesman-Review

(Full-size photo)

Spokane County prosecutors will pursue a second trial against a Southern California man charged with first-degree murder by accomplice, setting up what could be the fourth major trial surrounding the 2007 slaying of Dale R. Stark.

A jury Monday deadlocked after failing to reach a unanimous decision in the case against Brian L. Moore, 46, who also faced a charge of conspiracy to commit first-degree murder.

Jack Driscoll, chief deputy criminal prosecutor for Spokane County, said the jury deadlocked at 11-1 on both charges, which played into the decision to retry the case.

If the split was 11-1 to acquit “it might be a different” discussion, he said. “It’s obviously a serious case. It’s a homicide. It’s a murder case that needs resolution. So, we will just continue to pursue it.”

Moore was charged along with his former prostitute girlfriend, Shellye L. Stark, for the Dec. 9, 2007, slaying of her estranged husband, Dale Stark.

The jury deliberated for parts of four days before announcing it was deadlocked.

Moore said he still intends to marry Shellye Stark, who was convicted in 2009 of killing her husband and sentenced to 51 years in prison before appellate judges overturned the verdict in 2010 because of flawed jury instructions. She remains in custody pending her new trial.

Deputy Spokane County Prosecutor Larry Haskell said a new trial will be scheduled for Moore within 60 days.

“The jury took everything we had and did the best they could with it,” Haskell said Monday.

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