11:30 p.m. update: District Attorney Coty Wamp told the Chattanooga Times Free Press in a text message Friday night that Marvin Lebron Fallins Sr., 54, was convicted of being a felon in possession of a firearm in the second phase of his trial. After the jury verdict, his bonds were revoked and he was taken into custody.
A Hamilton County jury could not reach a unanimous verdict in a trial against a man accused of a 2021 fatal shooting.
Marvin Lebron Fallins Sr., 54, is accused of fatally shooting Frank Usher, 29, in the neck.
The shooting occurred March 5, 2021, in Fred Sails’ home on the 700 block of East 48th Street.
Usher fled from Sails’ home but collapsed and died on the side lawn, according to surveillance camera footage shown in court.
Fallins was charged with first-degree murder, but the jury was instructed that second-degree murder was the highest charge to consider.
Jurors started discussing the case briefly Wednesday night and continued all day Thursday before declaring at 3 p.m. Friday that they could not reach a unanimous verdict after 15 hours of deliberation.
At about the sixth hour, the jury asked to relisten to the testimony of Sails, who was the only witness to testify about the shooting and was put on the stand by the defense.
The head juror said Friday that further deliberation would not change anyone’s decision, and jurors also couldn’t reach a decision on any of the lesser possible offenses, including reckless homicide, assault and reckless endangerment.
Some jurors had reasonable doubt and believed Fallins could be found not guilty by self-defense, the juror foreperson said.
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Hamilton County Criminal Court Judge Barry Steelman ultimately declared a mistrial.
David MacNeill, Fallins’ attorney, argued Usher was shot in self-defense, which was corroborated by Sails’ testimony.
Fallins and Sails are lifelong friends, Sails testified Wednesday. Fallins was hanging out at Sails’ house, which he did frequently, with Ladaquis Southers.
A man, who was later identified as Usher, stopped by.
Sails testified he saw Usher allegedly get in Fallins’ face, argue with him and continue to motion toward his waistband to grab a gun.
Sails was watching television in the living room when he heard a gunshot from the kitchen, he testified.
One man ran through his house bleeding, and the others followed, Sails testified.
He said he could see the men outside his home.
Sails testified that Southers allegedly grabbed what he believed to be a gun off Usher’s body.
Fallins’ self-defense argument relied on the theory that Usher had a gun on him, but no one ever found a gun belonging to Usher, homicide prosecutor Paul Moyle said.
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Moyle said the defense was selling a made-up story, which included the testimony of Sails.
Sails had either forgotten, mistaken or lied about what he saw, Moyle said.
“The defendant felt it was a good thing that he killed Frank Usher,” Moyle said.
Fallins remains free on bond.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.