The trial of a local homeless man charged with murder and aggravated assault began Tuesday morning in Bastrop County District Court but came to an abrupt halt hours later when a mistrial was declared by 423rd District Judge Christopher Duggan.
The mistrial, a result of a juror who according to Duggan, revealed a condition that “makes it hard for them to concentrate,” means 39-year-old Bryan Teague will reappear on Feb. 26 for a new trial date to be set. Teague has pled not guilty to killing 46-year-old Larry Jones by blunt force trauma to the head in August 2008.
“This is not the fault of the state, the defense or anybody,” Duggan told the courtroom at close to 2 p.m. Tuesday. “It is just one of those situations that happens.”
Duggan declined to offer any further explanation of the circumstances surrounding the juror’s condition.
The surprising turn of events came as the trial seemed to be moving along swiftly and the jury of eight men and four women were in the midst of hearing testimony from their seventh witness.

Following the lunch break and just minutes away from trial resuming, however, Duggan and attorneys convened in the judge’s chambers to discuss a message relayed through the bailiff that the juror’s condition had reportedly grown too great to proceed.
Due to the fact an alternate juror had not been appointed for the trial, Duggan asked Teague if he would like to continue with an 11-person jury or face a full jury. Teague opted for the full jury and the mistrial was declared.
Teague is charged with causing the death of Jones on Aug. 20, 2008 and assaulting Jones friend William McMarion. The killing reportedly occurred following a fight that had broken out earlier in the day between McMarion and Teague’s uncle Charles Ellis.
McMarion, who was one of the witnesses on the stand Tuesday morning, told jurors that early on the afternoon of Aug. 20 he and Jones had been drinking beer in a wooded area off FM 1209 with a group of men that included Ellis and Teague. The group was also smoking crack cocaine, according to McMarion who said he kicked Ellis in the mouth after an argument over $20 escalated.
According to law enforcement reports at the time of the killing, Ellis and Teague attacked Jones and McMarion at McMarion’s residence at 306 FM 1209. A pipe and an axe were reportedly used in the assault with Teague brandishing the axe, according to a sworn statements provided by Ellis to Bastrop County Sheriff’s Office investigators.
Ellis was arrested the day after Jones’s death while Teague eluded authorities for over a month before being arrested in Austin.
Both the murder and aggravated assault charges against Teague are enhanced due to his criminal history that includes a conviction of felony burglary and escape.
“It’s an anti-climactic end to a trial but we will be trying Mr. Teague at a later date, said Bastrop County District Attorney Bryan Teague.