Jurors could not reach a verdict in the murder trial of a Fort Wayne man charged in the 2016 slaying of Brian Quintana, forcing a retrial.
The jurors were deadlocked on the first two counts of murder and felony murder and found Devyn Yancey, 20, not guilty of robbery.
Allen County Deputy Prosecutor Jeffrey Stineburg said new trial dates will be set Jan. 17.
Devyn Yancey, 20, was charged with murder, felony murder – one committed in the act of another felony – and robbery in the killing of Brian Quintana, 18. Prosecutors argued during a three-day trial that Yancey was the mastermind of a robbery that went sideways, and Quintana was shot to death.
Kevin Hamilton, 17 at the time, fired the fatal shot into Quintana's chest and was convicted in 2017 of murder, robbery and a sentencing enhancement for using a gun to commit the crime. Now 21, he is serving a 74-year prison sentence.
Hamilton and Yancey went Aug. 14, 2016, to meet Quintana, who Yancey said had shorted him on an earlier drug deal. Text messages showed Yancey planned to rob Quintana in a parking lot at Woodbridge Apartments, according to witness testimony and court documents.
Quintana was shot after a struggle inside his car, Hamilton told investigators.
"Kevin Hamilton and Devyn Yancey acted in concert that night," Allen County Deputy Prosecutor Jeff Stineburg said. "They murdered Brian Quintana."
Defense attorney Robert Gevers saw things differently.
He and Yancey – who testified Wednesday – agreed the text messages show a robbery was planned. But Quintana agreed to provide the marijuana Yancey claimed he was denied, and Yancey called off the robbery, Gevers said.
Hamilton started the fight that ended with Quintana's shooting, not Yancey, Gevers argued.
"It's Kevin Hamilton that gets into the back seat and escalates matters," he said. "There's nothing that ties Devyn Yancey to that gun."