Mistrial declared in murder case of Atlanta City councilwoman's nephew

ATLANTA — A mistrial has been declared in the trial of three men accused of killing an Atlanta council member's nephew.

Prosecutors said Rashad Barber, Ryan Bowdery and David Wallace killed Darius Bottoms on Legacy Drive in 2014.

Investigators said the three men thought Bottoms was a rival gang member.

The defense argued the men are not in gangs.

The victim is the nephew of Atlanta council member and mayoral candidate Keisha Lance Bottoms.

The judge determined jurors acted inappropriately during the trial.

"You know, I'm sorry, and it's been more or less two weeks of wasted time," Judge Jerry Baxter said in the courtroom.

One juror, according to the judge, drove by the crime scene and another asked an officer about fingerprints.

Barber's family was relieved the case did not move forward.

"Evidently I feel like God has a reason for this happening. Because they really don't have a case," Barber's grandmother said.

Christina Eaves, the defendant's aunt, also shared her sentiment saying, "Our condolences are with them, however, we do believe the boys are innocent.

Barber's family says the evidence that he was a gunman never added up, but it's juror misconduct that will bring everyone back to the courtroom in the coming months.

District Attornery Paul Howard says he plans to try the case again.

"We will get a chance to try this case again," Howard said.

Cox Media Group