WESTERN SUBURBS.
Kane County prosecutors said Monday they will try again to make their case against an alleged gang leader they claim shared responsibility for a triple slaying in Elgin in 1999.
After deliberating for more than 20 hours over parts of two days last week, a jury hearing the case against Sherman Williams, 33, of Elgin was unable to reach a unanimous verdict on any of the charges pending against him, including three counts of first-degree murder.
Judge Donald Hudson, who is presiding in the case, set a status hearing for May 10.
The Williams trial was one of two related cases tried simultaneously before separate juries, the first time the procedure was attempted in Kane.
Another jury found Willie Buckhana, 42, of Chicago guilty of murder Friday afternoon. Hudson sent the Sherman jury home about midnight Friday when it reported it was at an impasse.
According to First Assistant State’s Atty. Robert Berlin, who prosecuted the cases with Joseph Cullen and Christine Bayer, the jury was split 9-3 when it gave up.
“We’ll obviously review the case like any other case, but the plan is to retry him,” Berlin said.
Arguments on whether Buckhana should be eligible for the death penalty are scheduled for July 1.
Friday’s mistrial was the second in trials involving eight alleged gang members charged with murder following the Aug. 16, 1999, shootings at the Burnham Wing Schoolhouse apartments, 260 Center St., Elgin.
Prosecutors are looking to retry Christopher Smith, 32, of Elgin, whose trial ended in a hung jury last year. Smith’s attorneys have filed an appeal to keep him from being retried.
Two other men have been convicted in the case. Three have pleaded guilty to a lesser felony charge and received 20-year prison sentences. The group’s alleged leader, Avery Binion, 32, of Elgin is awaiting trial.
