RICHARD McTEAR, JR.
…Charged with first-degree murder

EMMANUEL WESLEY MURRAY, JR.
… Thrown from the window of a car on I-275 in May 2009

On Tuesday morning, a Hillsborough County judge declared a mistrial in a death penalty murder case. The mistrial came about after a witness made comments that had previously agreed that would be inadmissible.
A 16-panel jury was selected last Friday in the first-degree murder trial of Richard Anthony McTear, Jr. McTear, 25, is accused of causing the death of 3-month-old Emmanuel Wesley Murray, Jr., on May 5, 2009.
Hillsborough County Judge William Fuente said on Tuesday, “The jurors heard testimony they should not have heard under any circumstances. In this court’s opinion, a mistrial is necessary. … I do this with extreme reluctance.”
Ms. Jasmine Bidwell, 22, was the State’s star witness in the case. She took the stand Monday and during questioning by the prosecutor’s office, recounted incidents leading up to her son’s murder. She testified about telephone calls she had allegedly received from McTear.
At one point, Ms. Bidwell said, McTear told her he was “going to come over and shoot my baby in the face and p— on him and he was going to kill both of us.”
Hillsborough County Assistant Public Defender Michael Peacock then called for a mistrial. He contended that her statement had been ruled inadmissible.
The Defense argues that McTear is not guilty of the crime.
Ms. Bidwell notified the Hillsborough County Sheriff’s Office on May 5, 2009, that McTear was waiting inside her apartment. He is alleged to have attacked her, thrown the baby on concrete and fled the apartment with the infant.
The baby’s body was found on the side of I-275 less than two hours after the report was filed. McTear was arrested later that day. He was taken into custody after he was found hiding behind an apartment in Robles Pond Public Housing Complex.
A new trial date has not been set.