HOUSTON, Texas (KTRK) — Jurors spent about four hours deliberating on Wednesday to determine how long Lazarius Harper will spend in prison.
Jurors found Harper guilty of manslaughter in the Aug. 13, 2021, shooting death of Kevin Kirk, a 48-year-old father of two who was on his way home from picking up dinner when he died. They were able to consider a murder charge.
The court received multiple jury questions Wednesday, including three notes in which the jury explained they couldn’t agree.
Presiding Judge Danilo Lacayo provided an additional jury instruction following their third request. This instruction is commonly known as an Allen Charge, in which the jury is encouraged to come to an agreement.
Although this instruction is provided, jurors can still disagree, which could result in a redo of the sentencing phase.
“With this additional instruction, you are requested to continue deliberations in an effort to arrive at a verdict that is acceptable to all members of the jury,” Judge Lacayo explained to the jurors.
Recent examples of the Allen Charge being read to jurors included two AJ Armstrong murder mistrials. Armstrong was convicted of murdering his parents in his third trial earlier this year.
The jury is composed of nine women and three men.
Manslaughter is recklessly causing the death of an individual, according to the Texas Penal Code.
Jurors will reconvene in the morning and continue deliberations.
How Kirk died
The ordeal happened in the 9000 block of Westheimer Road on the evening of Aug. 13.
While responding to a call about a crash, officers learned Kirk had been shot.
Police later learned that a group of men on ATVs, dirt bikes and bicycles surrounded Kirk’s car and started kicking it while trying to open the doors.
During the incident, police said Harper shot at the victim as he tried to get away.
Investigators said Kirk lost control of his car and crashed.
Harper, 26 years old at the time, was arrested two weeks later.
