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Beauregard Will Be Tried Again After Hung Jury : Jurisprudence: Second trial of former Cal State Northridge football player is slated for Nov. 14 after panel fails to reach verdict.

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TIMES STAFF WRITER

After nearly two days of intense deliberations, a Superior Court jury Tuesday was unable to reach a verdict, setting the stage for a retrial of former Cal State Northridge football player Jonathan Beauregard on attempted murder charges.

The jury was deadlocked, 9-3, in favor of conviction. Deputy Dist. Atty. Cheryl Kersy said Beauregard, 23, will be retried on Nov. 14 for allegedly shooting his former girlfriend, Dunyella D. Smith, and her male companion, Von E. Thompson, outside a San Bernardino bar on Aug. 29, 1994.

“It’s a very frustrating experience because there’s no doubt in this case that he is guilty,” Kersy said.

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Smith initially identified Beauregard as the man who shot her, but on the witness stand last week she contradicted police reports and said that although she did not see the shooter’s face, she was certain Beauregard was not the man who shot her.

At least four jurors said the turning point for them was when Smith took the stand. They did not believe her testimony, they said, but considered the report she gave police shortly after the shooting to be truthful.

In the report, she identified Beauregard as the person who pulled the trigger. She provided specific details of the incident and his physical appearance that night.

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“Everything she said on the stand was a lie,” a male juror said. “She was not a credible witness.”

Of the nine jurors who voted to convict, several said they believed two of the three who wanted an acquittal could have been persuaded otherwise. But one juror, a middle-aged man who is a minister and postal worker, refused to discuss a guilty verdict the minute deliberations began, jurors said.

“He had his mind made up from the start and he was very difficult,” a female juror said. “He said, ‘I will not put this kid away. I have to sleep at night.’ ”

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Beauregard will remain free on $100,000 bail while he awaits a retrial. If convicted he faces a sentence of five years to life in prison.

“I think we all hate when there’s a hung jury,” said Greg Waitman, Beauregard’s court-appointed attorney. “We’ll just have to work harder for the next trial.”

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