SEMINOLE COUNTY, Fla. - A Warlocks Motorcycle Club member accused of killing rival club members has been found not guilty of two counts of second-degree murder and one county of attempted murder.
Nearly eight hours into deliberations in David Maloney's murder trial, the jury came back with two questions for the judge, saying they were unable to agree on the fifth count of attempted murder.
The judge encouraged the jury to re-read the jury instructions for clarification on their two questions and sent them back to deliberate. After another round of questions
the jury still couldn't agree on the count; the judge declared a mistrial on that count only. A new trial date will be set for that count only.
Maloney, the founder of the Philadelphia Warlocks Motorcycle Club, looked on Wednesday as prosecutors made closing arguments, trying to convince a jury he's guilty of murdering two members of a rival motorcycle club in Winter Springs in 2012.
Maloney was accused of killing two people during a shootout with the rival Orlando Warlocks MC during a fundraiser at the Veterans of Foreign Wars post in Winter Springs.
Even though bullets fired from Maloney's gun never struck the victims, the prosecution believes his participation makes him responsible.
"To be principle, the defendant doesn't even have to be present when the crime was committed," said prosecutor Stewart Stone.
"Do you have any evidence he shot anyone? And the answer to that is no. No," said defense attorney Michael LaFay.
LaFay also argued evidence shows Maloney fired just one shot while some of the victims fired multiple times toward him.
But prosecutors said Maloney was a key player in the shootout during what was supposed to be a charity poker run.
On Tuesday, Maloney took the stand in his own defense, telling jurors he acted in self-defense when the shooting started.
"Were you scared?" an attorney asked.
"Oh, definitely," said Maloney. "I was behind the S-10 and heard the glass shattering on there. I knew he was firing at me."
"Did you think he was trying to kill you?" the attorney asked.
"He was definitely trying to kill me," said Maloney.
In closing arguments, the defense pointed out Maloney fired just one or two shots and reiterated the self-defense claims.
"Did he or did he not act in self-defense? If you have reasonable doubt on that issue, the answer to that is no. No," said Lafay.
On Tuesday, the judge ruled against a possible stand your ground defense for Maloney.
Prosecutors pointed out Maloney was inside the VFW hall when the shooting started and he ran out to meet the danger.
"This isn't a 'stand your ground' case," said Stone. "This is an 'advance your ground and get right into it' case."