MAYVILLE – A Chautauqua County jury is struggling to reach a verdict in the trial of an Ellicott man accused of killing his stepfather.

Around 2pm on Friday, the 12-member group sent a note saying it was theirs. “locked” At the trial of 20-year-old Tucker Richard, who shot and killed Scott Blake on January 6, 2023.

The trial began on October 21, after four days of jury selection. The debate began on Thursday and continued on Friday.

At the time the memo was written, Judge David Foley said it was too early to declare a mistrial. “They haven’t seen this case for what I think is a significant amount of time.” he told the court before the jury was brought back.

Richard was charged with second-degree murder. Before deliberations began, Foley told the jury that if they thought Richard was not guilty of second-degree murder, they could consider the lesser charge of negligent homicide.

When the jury returned to the courtroom, Foley asked them to continue deliberating. “It is not uncommon for a jury to initially have difficulty reaching a unanimous verdict.” he said.

Foley encouraged them to examine the facts of the case with a fresh mind to see whether the evidence led to the suspect being guilty. “Make every effort possible to reach a fair and equitable decision.” he said.

They had deliberated for a total of about six and a half hours over two days when the jury sent the note.

They continued until 16.40, when they requested the weekend off.

During deliberations Friday, the jury submitted 27 different photographs for further review, as well as a copy of Dr. Erie County Medical Examiner’s Office. He requested that part of Tara Mahar’s statement be re-read. They specifically asked when Blake discussed the stab wound found on his body.

It took about 15 minutes for his statement to be read.

They also asked the judge to review second-degree murder, reckless homicide and the definition of the crime. “first attacker” refers to self-defense.

The defense did not dispute that Richard killed Blake, but stated that he did so out of fear for his own life.

During the trial, the defense claimed that Blake kicked Richard’s bedroom door, hitting him with an unloaded shotgun, causing the door to break, at which time Richard stabbed Blake. Blake then ran downstairs to get another gun, and Richard took the gun from him and shot him after Blake tried to grab a third gun from the couch.

The prosecution argued that Richard “to cut” Blake’s gun, which causes Blake and Richard to have a shouting argument. They allege Richard then pulled Blake’s shirt over his head, stabbed him and shot him at point-blank range outside the home.

They also claim that Richard took another gun out of the closet to stage the scene so he could tell his stepfather was trying to get another gun to shoot him.

The prosecution relied on the absence of the hole where Blake’s shirt was cut and where he was stabbed, as well as the absence of bird shots from inside the house.

They also note that Blake’s blood was found on the gun on the couch.

The jury will continue deliberating on Tuesday.