A Supreme Court judge on Wednesday declared a mistrial in the murder case against Omar Miller Jr., who is accused of killing a 76-year-old grandmother in her sleep. Miller will face a second trial for the October 25, 2012 shooting death of Viola Sands as she slept.

Justice Bernard Turner dismissed the 12-member jury and three alternates, who were selected on September 27, after defense lawyer Calvin Seymour raised a legal issue during the testimony of a ballistics expert. The new trial date will be scheduled next week. Turner agreed to transfer the matter to another judge based on a request by Seymour.

In a statement to police, Miller admitted to the shooting, but said Sands was not his intended target. According to Miller, a friend told him that Sands' grandson, identified only by his street name Gaddafi, had accepted a hit to kill him. Miller said that he and his friend, Zoe, went to the home Gaddafi shared with his family at Eneas Street.

After peering through a bedroom window, the men saw a figure in the bed and assumed it was Gaddafi and opened fire. Miller said the only light in the room came from the television on which a "shoot 'em up movie" was playing. The following day, Miller said he learned that an old lady had died.

Linda Evans prosecuted.

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