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Jury Issues Split Decision in Corey Lyons Double-Homicide Case

District Attorney Joyce Dudley tells Noozhawk the case will be retried for a second time

A jury deliberating the fate of Corey Lyons, accused of double homicide, issued a split decision Thursday, resulting in the second mistrial in the case.

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Corey John Lyons

Lyons is accused of shooting his brother, 55-year-old Daniel Lyons, and his brother’s life partner, 48-year-old Barbara Scharton, in their Mesa home on May 4, 2009.

Lyons, owner and contractor with Select Construction, was involved in a civil lawsuit with his brother. Daniel Lyons filed the lawsuit in October 2008 against his brother for worker’s compensation for construction on the couple’s home, and involved as much as $1.2 million in unreported wages.

The jury ruled 7-5, with the majority saying Lyons was not guilty.

The verdict was quickly read Thursday morning, and prosecutor Gordon Auchincloss talked about the decision.

“I’m obviously disappointed,” he said outside the courtroom. “We know the jury did everything they could.”

He said his team will be talking with the jury in the future to learn about sticking points of the trial.

District Attorney Joyce Dudley confirmed with Noozhawk on Friday that the case will be retried for a second time.

“Based upon my discussions with the attorneys who tried the case, their discussion with the jurors from both trials and an assessment of the evidence, I believe it would be a grave injustice to this county to not retry the case,” she said.

Auchincloss said the split in the jury was originally seven for the guilty verdict. At some point — Auchincloss said he didn’t know when — a shift occurred, causing two more jurors to vote in Lyons’ favor.

“The jurors we spoke to, by and large, seemed to be focusing on the standard of reasonable doubt,” he said.

Defense attorney Bob Sanger had little to say after the decision.

“It is still a pending case, so I have no comment,” he told Noozhawk.

Noozhawk staff writer Lara Cooper can be reached at .(JavaScript must be enabled to view this email address). Follow Noozhawk on Twitter: @noozhawk or @NoozhawkNews. Become a fan of Noozhawk on Facebook.

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