Jurors in Atlantic City struggled to reach a consensus in the trial of Harris Jacobs, who was accused of leaving the scene after fatally striking a pedestrian. On Tuesday, the jury informed Superior Court Judge Christine Smith that they were deadlocked regarding Jacobs’ knowledge of the incident. It is undisputed that he hit the pedestrian in the early hours of September 4, 2022.
The crucial question centered on Jacobs’ actions immediately following the collision. Surveillance footage showed him pulling into a Dunkin’ Donuts at Atlantic and Indiana avenues, rushing to the scene, and appearing to bend down to assist the injured pedestrian, Orlando Fraga, 76, who later died from his injuries.
Police spent approximately seven hours searching for Jacobs before making an arrest. During that time, Jacobs confided in his cousin and roommate, Peyton Caldwell, about the incident. He also communicated with his father, attorney Joe Jacobs, ten times. Notably absent from the conversations was any call to law enforcement.
Defense attorney Lou Barbone argued that Jacobs’ response was a result of acute stress disorder, suggesting that this mental state prevented him from knowingly leaving the scene. To bolster this claim, Dr. Gary Glass, a forensic psychiatrist, testified about Jacobs’ psychological condition, a critical point since the law requires proof of knowledge for convictions of second-degree leaving the scene of a fatal crash.
As deliberations continued, the jury revisited the testimonies of Dr. Glass and Caldwell but ultimately could not arrive at a verdict. Barbone described the outcome as a testament to the fairness of the justice system.
Throughout the trial, Jacobs displayed significant emotion, often wiping away tears during the proceedings. The fatal crash took place in a construction zone devoid of sidewalks, which forced pedestrians to walk in the roadway. This environment raised questions about visibility, especially since a NJ Transit bus was observed bypassing Fraga in the surveillance video.
While Barbone argued that Jacobs did not have the same perspective as the bus driver, Chief Assistant Prosecutor Seth Levy noted that there had been no fatal accidents in that area during the three months prior to this incident. The jury had the option of convicting Jacobs of a lesser third-degree charge for leaving the scene. Additionally, there remains a motor vehicle citation against him for the same offense, which does not require proof of intent.
This case highlights the complexities involved in determining culpability in tragic incidents. The jury’s indecision underscores the challenges jurors face when interpreting the actions and mental states of individuals involved in high-stress situations.
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