Judge declares mistrial in Rock Hill Instagram drug deal murder case
.jpeg "A South Carolina judge declared a mistrial in a Rock Hill murder case.")
A South Carolina judge has declared a mistrial in a York County Instagram drug deal killing after a dispute over witness testimony, according to the defendant’s lawyer and prosecutors.
Joe Lemans Gore, 25, of Fayetteville, N.C., is accused of murder, attempted armed robbery, and two gun charges in the Jan. 22, 2022, death of Deshawn Barnes, 26, in a parking lot on Celanese Road west of I-77.
Lawyers in the case said in opening arguments Tuesday morning at the Moss Justice Center the shooting happened during a drug deal set up through Instagram. Gore’s lawyer, Benjamin Hasty of Carolina Criminal Defense, said in opening statements there was no evidence of any attempted robbery.
Prosecutor Marina Hamilton said in opening arguments Gore ambushed Barnes and shot him from behind in a killing caught on video.
Visiting Judge Eugene Griffith agreed to the defense’s motion for a mistrial Wednesday after a co-defendant testified Tuesday about an alleged robbery that Hasty said the defense was not aware of.
Hasty said the co-defendant’s testimony “materially changed his story” from what he had previously told law enforcement and what was provided to the defense by prosecutors before the trial. Prosecutors should have turned that “inconsistent statement” over to the defense beforehand, Hasty said.
Prosecutors with the 16th Circuit Solicitor’s Office told The Herald in a statement they argued the information was not an inconsistent statement and not exculpatory to the defendant, and believed they did not, under the law, have to turn the information over.
Prosecutors maintained that “all the relevant impeachment evidence related to the statement had already been provided” to Gore’s defense team.
Hasty said Griffith granted a mistrial because the co-defendant had already testified in front of the jury. Judge Griffith noted that he found no ill-will on the part of prosecutors, the solicitor’s office said.
Another shooter in the 2022 killing, Jaelon Devon Kelly, 26, is serving a 22-year sentence in a South Carolina prison after pleading guilty in 2024 to voluntary manslaughter and other charges.
Gore remains jailed without bail. He still faces the charges.
Prosecutors said Wednesday they will seek a new trial, but it is unclear when.
Hasty said he believes there should not be another trial because the mistrial happened after the first trial started, and it would violate Gore’s constitutional right against double jeopardy to be tried twice for the same crime.
No future court dates have been set.
