How 80-Year-Old Crossword Juror Caused Mistrial in Florida Home Depot Murder Case

A Florida judge granted the defense team’s motion for a mistrial in the Home Depot murder case because of an “unruly jury.”

After more than five hours of deliberations earlier this week, an Escambia County judge ordered a mistrial for Shelia Agee, who is accused of helping her son kill the mother of his child at a Pensacola Home Depot store last year.

“A particular juror did not treat this case during evidence with the seriousness it should have, which apparently continued during deliberations,” Judge Coleman Robinson said WKRG.

Trouble began when juror Sallie Sue Smith was caught doing a crossword puzzle during testimony, according to the suit WEAR 3 news.

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Keith Agee, 20, and his mother, Sheila Agee, 51

On Tuesday, Smith was found working on a crossword puzzle during witness testimony. The next day, she was found using another crossword puzzle during deliberation.

Smith told WEAR News that the puzzle “helped her focus” and denied it threatening behavior in the jury room.

“I was,” Smith told WEAR News. “Well, I didn’t know it was a bad thing. I do this when I focus and listen. You couldn’t see the bench or the witness stand very well because it was dark. But I heard him… That’s what I do. I did this and had no idea and when they told me I shouldn’t do it, I stopped. And then today, when I went into the jury room, I had another crossword puzzle.”

Other jurors later shared their concerns about their safety during deliberations with Judge Robinson.

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“It’s just a single piece of paper with a puzzle printed on one side and I’m not sure what’s on the other side,” Robinson said. “…I don’t ever recall a juror doing a crossword puzzle during a trial.”

Judge Robinson later cross-examined each juror, calling them one by one and asking if they felt safe to continue after the concerns were brought to him by security.

Nearly 20 witnesses took the stand as prosecutors took less than two days to wrap up their case against Agee. However, due to jury problems, the trial was “impeded beyond repair”.

Smith did not say what she the decision was on a verdict, but denied any threatening behavior to WEAR News.

“We retired to the jury room and began deliberating,” Smith said. “It became immediately apparent to me that I was in the minority of one against 11 other people… At first, it started reasonably. A lot of shouting and I can shout too.”

“I have a loud voice, but I’ve been yelled at by a lot of people,” Smith added.

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Agee, 51, was charged with first-degree murder after police discovered text messages that allegedly showed her helping to plan the shooting death of the mother of her son’s son, Brooklyn Sims, aged 18 years old, who was also Sheila’s co-worker. .

Her son Keith Agee, 20, was arrested by Escambia County Sheriff’s Office in connection with the fatal shooting of Sims on August 11, 2023.

“According to the text messages, it is clear that Keith Agee’s mother, Sheila Agee, knew about and participated in the plan to kill Brooklyn Sims. Additionally, text messages between mother and son highlight the mother’s involvement in helping locate the victim,” ECSO previously wrote on Facebook.

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The department released the alleged text messages between the mother and son on its Facebook page, claiming they took place even before Sims was shot and killed.

“The crime itself is unbelievable, but to know that my mother knew about it and helped coordinate it is beyond belief,” Sheriff Chip Simmons previously said on Facebook.

The case is expected to return to court on February 5.

“Another jury will have to go back and hear the evidence in front of another jury, where hopefully those particular members will follow common sense, follow the law, treat their fellow jurors with decency and opportunity. And he’s going to reach a verdict, whatever it is, that’s a fair and just verdict for both sides,” Robinson said.

Fox News Digital’s Elizabeth Pritchett contributed to this report.