Judge declares mistrial in officer's vehicular homicide case - WMC Action News 5 - Memphis, Tennessee

Judge declares mistrial in officer's vehicular homicide case

(WMC-TV) - A judge declared a mistrial Sunday in the death of Stephanie Montague, who was killed in a crash with a Memphis Police officer.

The families of Montague and officer Mark Weatherly anxiously awaited a verdict in the officer's vehicular homicide trail.

"We're just trying to be here for Stephanie since she's not here to speak for herself," said her sister, Natasha Williams.

Weatherly's defense attorney reserved comment until the end of the trial, but Montague's family was vocal about her legacy.

"She kept the family together," said Williams.  "She kept peace between everyone.  If anybody acted like they were mad at each other, she didn't allow it."

In March 2009, Weatherly's squad car slammed into Montague's vehicle on Range Line and Orman, killing her and critically injuring her 17-year-old passenger.

"We can never get Stephanie back, never," said Williams.  "No matter how much you try, you can never get Stephanie back."

The sequestered jury deliberated 10 hours over the weekend, asking for clarification on the "approximate cause of death" and "vehicular homicide."  The jury found Weatherly not guilty of vehicular homicide and had a hung jury on charges of reckless vehicular homicide and reckless aggravated assault.

The judge declared a mistrial.

The family said they hope justice will be served.

"If it was the other way around and Stephanie had hit him, we would want her to be treated the same way," said her sister, Tomica Williams.

Both sides return to court September 21 to determine if there will be a new trial.

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