Murder trial ends with hung jury
The trial of a Millen man accused in the killing a Sardis teenager ended without a murder conviction.
After a marathon deliberation, the jury was unable to reach a consensus on a felony murder charge against 23-year-old Christopher Derek Chance.
Chance stood trial last week on charges of malice murder, felony murder, possession of a firearm during the commission of a crime and criminal attempt to possess cocaine.
Chance and his cousin, Raymond Trey Sapp, were arrested in November 2008 for the shooting death of 16-year-old Simpson “Tyrone” Cates Jr. Cates was killed while delivering about $150 worth of crack cocaine to Chance and Sapp on a dirt road outside Sardis.
Following a six-day trial and a day and a half of deliberations, the jury acquitted Chance of malice murder but returned guilty verdicts for the firearm and cocaine charges.
They sent a note to the judge Saturday night stating they could not reach a conclusion on the felony murder charge.
Assistant district attorney Rex Myers, lead prosecutor for the case, called the partial verdict highly unusual.
“Felony murder was the real core of the case,” he said.
Felony murder means that a homicide took place while a felony was being committed.
“He’s been convicted of possession of a firearm during the commission of a crime, and that crime was murder,” Myers said, citing the indictment.
Chance admitted when he testified that he and Sapp had planned to buy crack cocaine from Cates in the early morning hours of Nov. 28, 2008. He also said they each had shotguns because they had been shining deer. However, Chance said he was shocked when Sapp got out of the truck and used his 410 shotgun loaded with a slug to kill Cates and steal the cocaine.
Chance turned himself in the night of the murder and implicated Sapp as the killer. When Sapp was brought in for questioning, he pointed the finger at Chance.
In a separate trial last month, Sapp was convicted of felony murder along with the firearm and cocaine charges. He was also acquitted of malice murder. At his trial, Sapp contended he was only riding along in the truck with Chance, who unexpectedly shot Cates during the deal.
After Chance’s trial, defense attorney Victor Hawk concluded that the jury fully believed his client was not the gunman and the only question remaining was whether or not Chance knew what was going to take place. He said a malice murder conviction would have essentially meant Chance was the gunman.
“I think Chris won the battle of showing who shot this young man,” Hawk said. “The issue for the jury was whether he knew that Trey Sapp was going to shoot this young man or had reason to know.”
Chance is tentatively set to stand trial for the unresolved felony murder charge during the week of June 7 if all witnesses are available.
“They will have to do it over again, from start to finish, just with a different jury,” Myers explained.
Chance will not be sentenced for the firearm and cocaine convictions until the felony murder charge is resolved.








