Jefferson County District Judge Gary Nafziger ordered a mistrial Wednesday in the attempted murder case against a 62-year-old Valley Falls man because the jury saw improper evidence.
John Hayworth Jr. was facing trial in the December shooting of William Schoonover, 58, also of Valley Falls. The shooting stemmed from a dispute between the two on Schoonover’s property, about 40 miles northwest of Lawrence.
The trial, which opened Monday, was declared a mistrial after jurors watched a DVD containing footage that should have been redacted, said Jefferson County Attorney Jason Belveal. A redacted copy had been made, but the jury was inadvertently shown the incorrect disc, Belveal said.
Nafziger set a Jan. 24 court date to reschedule the trial.
Schoonover, who testified Tuesday, said Hayworth shot him in the chest with a handgun on Dec. 4.
Prosecutors have also charged Hayworth’s wife, Bernadine Hayworth, with aggravated battery and obstructing the investigation.