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Gun case declared a mistrial due to hung jury
Gun case declared a mistrial due to hung jury
Jurors split on Beretta's culpability
By Glenn Chapman, STAFF WRITER
OAKLAND -- A mistrial was declared Tuesday after jurors deadlocked over whether the design of a Beretta pistol caused the accidental shooting death of a Berkeley teenager in 1994.
It was the second time Alameda County jurors pondered the circumstances that ended with Kenzo Dix shot dead by a 14-year-old friend showing off a gun he thought was unloaded.
The first civil trial ended with jurors exonerating the Beretta gun company. Their verdict was overturned by an appellate court that ruled a juror convinced parents are responsible for weapons in their homes had bullied other jurors and affected the outcome.
Alameda County Superior Court Judge Gordon Baranco presided over the second civil trial, which ended Tuesday in a mistrial after it became apparent the jury was irrevocably divided about whether the gun maker was culpable.
"They failed to convince two separate Alameda County juries that it was the pistol design that was at fault," said attorney Craig Livingston, who defended Beretta at trial. "It is my hope that the family will find a more productive way to deal with the tragic loss of their son. It is time to have closure to it."
Dix's parents and their attorney stepped from Baranco's courtroom Tuesday vowing to take their case to trial for a third time. Mistrials come with the option of renewing proceedings. The option of a third trial is to be discussed at a Jan. 2 hearing.
"We got a lot further up the hill this time," said Dix's mother, Lynn. "I think the gun companies are on notice that they have to make guns a lot safer."
Lynn and Griffin Dix, who are divorced, condemned proposed legislation that would insulate gun makers from wrongful death suits.
"These lawsuits are not frivolous," the mother said, referring to firearms companies as callous. "It is our only recourse."
Attorneys said after the mistrial was declared, the jurors reportedly agreed the Beretta semi-automatic pistol at issue in the case was well-made and that gun owners should make certain weapons are safely handled.
Livingston said the Dix family was capably represented by the Keker & Van Nest law firm in San Francisco, and was able to incorporate a decade's worth of firearm design evolution into their case.
Dix lawyer Elliot Peters argued at trial the chamber-loaded indicator on the Beretta 92 Compact L wielded by Michael Soe that fateful day was ineffective, and that inexpensive design changes would have prevented the fatal accident.
"They are still selling these guns," Griffin Dix said Tuesday. "They are, essentially, ignoring deaths that could be prevented."
Livingston argued at trial it would be ridiculous to find Beretta at fault for marketing a high-quality Italian pistol built with safety features that performed as intended. The blame for the tragedy rests with Michael Soe and his father, Clarence, Livingston argued.
The day Michael Soe got the gun from his father's bedroom he was so intent on impressing his friend and going undetected by elders in the house that he didn't bother to check whether there was a bullet in the chamber, Livingston said at trial.
Griffin Dix praised state legislation requiring handguns sold in California as of 2007 to feature clear chamber-loaded indicators and locking mechanisms activated when ammunition clips are removed.
Gun case declared a mistrial due to hung jury
Jurors split on Beretta's culpability
By Glenn Chapman, STAFF WRITER
OAKLAND -- A mistrial was declared Tuesday after jurors deadlocked over whether the design of a Beretta pistol caused the accidental shooting death of a Berkeley teenager in 1994.
It was the second time Alameda County jurors pondered the circumstances that ended with Kenzo Dix shot dead by a 14-year-old friend showing off a gun he thought was unloaded.
The first civil trial ended with jurors exonerating the Beretta gun company. Their verdict was overturned by an appellate court that ruled a juror convinced parents are responsible for weapons in their homes had bullied other jurors and affected the outcome.
Alameda County Superior Court Judge Gordon Baranco presided over the second civil trial, which ended Tuesday in a mistrial after it became apparent the jury was irrevocably divided about whether the gun maker was culpable.
"They failed to convince two separate Alameda County juries that it was the pistol design that was at fault," said attorney Craig Livingston, who defended Beretta at trial. "It is my hope that the family will find a more productive way to deal with the tragic loss of their son. It is time to have closure to it."
Dix's parents and their attorney stepped from Baranco's courtroom Tuesday vowing to take their case to trial for a third time. Mistrials come with the option of renewing proceedings. The option of a third trial is to be discussed at a Jan. 2 hearing.
"We got a lot further up the hill this time," said Dix's mother, Lynn. "I think the gun companies are on notice that they have to make guns a lot safer."
Lynn and Griffin Dix, who are divorced, condemned proposed legislation that would insulate gun makers from wrongful death suits.
"These lawsuits are not frivolous," the mother said, referring to firearms companies as callous. "It is our only recourse."
Attorneys said after the mistrial was declared, the jurors reportedly agreed the Beretta semi-automatic pistol at issue in the case was well-made and that gun owners should make certain weapons are safely handled.
Livingston said the Dix family was capably represented by the Keker & Van Nest law firm in San Francisco, and was able to incorporate a decade's worth of firearm design evolution into their case.
Dix lawyer Elliot Peters argued at trial the chamber-loaded indicator on the Beretta 92 Compact L wielded by Michael Soe that fateful day was ineffective, and that inexpensive design changes would have prevented the fatal accident.
"They are still selling these guns," Griffin Dix said Tuesday. "They are, essentially, ignoring deaths that could be prevented."
Livingston argued at trial it would be ridiculous to find Beretta at fault for marketing a high-quality Italian pistol built with safety features that performed as intended. The blame for the tragedy rests with Michael Soe and his father, Clarence, Livingston argued.
The day Michael Soe got the gun from his father's bedroom he was so intent on impressing his friend and going undetected by elders in the house that he didn't bother to check whether there was a bullet in the chamber, Livingston said at trial.
Griffin Dix praised state legislation requiring handguns sold in California as of 2007 to feature clear chamber-loaded indicators and locking mechanisms activated when ammunition clips are removed.
Yeah, right, that makes sense:banghead: