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Trial of Box Elder man accused of 2nd-degree murder won’t continue, deemed a mistrial

Published: Dec. 8, 2021 at 12:30 PM MST
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RAPID CITY, S.D. (KEVN) - Judge Matt Brown declared a mistrial in the murder trial for 31-year old Barry Allman of Box Elder.

Allman was accused of fatally stabbing 33-year-old Lance Baumgarten in the chest in August of last year.

His trial started on Monday.

However, when the state prosecution brought witnesses to the stand Tuesday, who were present the night of the murder, the defense was not made aware that those testifying were granted immunity from the crimes that took place that night. Which includes the use of methamphetamine.

Allman’s Attorney John Murphy says they didn’t know the immunity had happened, which would have been favorable information for them, and something the prosecution is required to disclose.

He called it a blatant mistake.

Judge Brown is yet to determine if the mistrial is with prejudice, which wouldn’t allow Allman to be charged again.

Lead State Prosecutor Roxanne Hammond called Tuesday “a tough day,” and said she couldn’t release any information about how they intend to move forward until briefings on the mistrial are filed. Which, as of now, have a December 17 deadline to be written up.

Murphy says what was probably a 15-thousand dollar investment by the county for a jury went to waste, and says they’ll get this “bombshell” of a case figured out in the coming weeks.

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