A Galveston County jury deadlocked Tuesday, sending the capital murder case against a League City man accused of beating his stepdaughter to death into a mistrial.
Chief Assistant District Attorney Adam Poole said he would retry the case against Evan David Nolan, 28, however.
“I respect the jury’s hard work and their decision, but I believe in this case and look forward to presenting it to another jury in the future,” Poole said.
Nolan, who is facing a capital murder charge, is accused of beating Whitney Williams, 6, to death while he was watching her and his 1-year-old daughter in 2016 in the family’s apartment.
Prosecutors have argued the child was injured and died in a very narrow window of time when only Nolan could have been responsible.
Defense attorneys worked to shift suspicion to the child’s mother, Brithony Williams.
The defense team couldn’t be reached for comment late Tuesday.
Whitney Williams died of severe injuries, including brain trauma, a lacerated liver and internal bleeding, law enforcement officials have said.
Nolan testified Friday that he saw Brithony Williams beat Whitney Williams with a stiletto heel shoe Aug. 16, 2016.
Poole disputed Nolan’s testimony, however, focusing on the timeline of events on Aug. 17, 2016, when Nolan was watching the children.
A League City police officer driving to work the evening of Aug. 17, 2016, spotted a motorist driving recklessly and stopped the vehicle in the 1500 block of East Main Street.
Brithony Williams got out of the vehicle carrying her unconscious daughter, police said.
Emergency medical personnel attempted CPR on the girl before taking her to Clear Lake Regional Medical Center, and later to Texas Children’s Hospital in Houston, where she died the next day.
Williams initially told detectives a baby sitter had been watching her children, but she could not provide police with a phone number, according to police affidavits.
Williams told police the baby sitter had called her at work to tell her Whitney had suffered a seizure and hit her head, according to the affidavits.
League City police and U.S. Marshals arrested Nolan after a traffic stop the day after officers encountered the girl, police said.
Jurors in the 56th District Court began deliberating a verdict Friday, but adjourned for the weekend before returning Monday.
Deliberations continued Monday and Tuesday before the jury reported being hung and Judge Lonnie Cox declared a mistrial late Tuesday.