The murder trial of a man charged in a 2014 Temple murder that occurred during a home invasion robbery came to a sudden halt early Wednesday afternoon with the declaration of a mistrial.
Leray Dontral Wheelock was one of two men arrested in connection with the death of Damon Johnson on December 4, 2014 at a home at 1121 South Terrace in Temple.
Bell County District Attorney Henry Garza said the prosecution in the case was getting down to near the end of its witness list when a witness was being questioned under cross examination by Wheelock’s defense attorney.
During the questioning, it became known that the defense attorney had, in fact, represented the witness on another matter in a totally different case, developing a conflict of interest.
Garza said that the defense attorney had simply forgotten about the earlier case.
He immediately moved for a mistrial which was granted.
Garza says the case will be reset with new attorneys and heard before a new jury at some future date.
Wheelock along with Demontray Rivers were charged in the death of Johnson, with Rivers convicted in August of 2017.
Wheelock had been arrested on a theft charge at the time investigators connected him with the shooting.
He had been picked up in February 2017 as police followed up on an incident where a weapon that turned out to have been stolen was pointed at a woman, then hidden inside an old tire.
He was charged with the homicide after he was booked into jail on the other charges.