A mistrial was declared Monday, May 16, 2016, on the counts of first-degree murder against two brothers accused in the 2013 fatal shooting of Eric Andrews, Jr.
SOMERVILLE -- Somerset County Superior Court Judge Robert B. Reed declared a mistrial Monday on the counts of first-degree murder against two brothers accused in the 2013 fatal shooting of an aspiring rapper at a Franklin Township hair salon.
After six days of deliberations, read backs and video replays, the jury reached an impasse on the murder charge against Zaire Cromedy, 23, of New Brunswick, and Antwan Cromedy, 31, of Bound Brook, in the Dec. 29, 2013 killing of New Brunswick resident Eric Andrews, Jr., 28, a hip-hop artist who performed under the moniker "E-9."
The judge, however, accepted a partial verdict against Antwan Cromedy of not guilty on possession of a firearm for an unlawful purpose and unlawful possession of a handgun. In addition to first-degree murder, the jury couldn't reach a verdict on the charges of possession of a weapon for an unlawful purpose and unlawful possession of a weapon - a knife.
The jury failed to reach a decision on any of the three charges against Zaire Cromedy, who allegedly fired the shot that killed Andrews. In addition to first-degree murder, the jury was deadlocked on the charges of possession of a firearm for an unlawful purpose and unlawful possession of a handgun.
Assistant Prosecutor Robert Hawkes indicated to the judge that he intents to retry the brothers on the remaining charges. The judge gave him until Friday to make it official.
"This is our system," said Eric Andrew Sr., the victim's father. "I think Mr. Hawkes and the prosecution team did a wonderful job. I just have to move on from here and wait to see what happens."
Aspiring rapper killed over dice game
Two key witnesses, Marshall Kelton and Robert Byrom, recanted on the stand what they told police the day after the shooting in 2013.
During questioning by a detective, the pair had said the Cromedy brothers committed the crime. But during the trial, both men denied making those comments.
The jury, however, saw both men's initial video testimony the day after the shooting in which they said the Cromedy brothers were responsible.
"After hearing the testimony of the state's key witnesses who recanted on the stand, it's obvious the state's case is significantly weakened and it dovetails my client's position that he didn't commit this crime," said Branchburg-based attorney Edward J. Hesketh, who represented Zaire Cromedy.
Hawkes told the jury during closing arguments that the pair changed their testimony "to save face in the neighborhood."
The state alleged that Antwan Cromedy gave his brother, Zaire, the gun and told him to shoot Andrews as he ran towards the back door of the hair salon following an argument in which Antwan pulled a knife.
"My client and I are hardened by the acquittal on the two charges on which the jury was able to reach a decision," said New Brunswick attorney Amber Forrester, who represented Antwan Cromedy. "We're grateful he remains innocence of the regrettable death of Eric Andrews Jr.
"We hope the state will reconsider prosecuting him again in light of the lack of convincing evidence in this case."
Hawkes alleged in his opening argument that at approximately 6 p.m. on Sunday, Dec. 29, 2013, at the Nu Trendz Hair Salon on Somerset Street, the brothers, as well as Eric Andrews, Jr., Eric Andrews, Sr., Kelton, Byrom and several others gathered to watch NFL football games. The hair salon was a regular gathering spot to watch games on Sundays, he said.
On this Sunday, the group had gathered to watch the San Francisco 49ers play the Kansas City Chiefs, according to Hawkes.
While some were watching the game, Antwan Cromedy, Eric Andrews, Jr. and others were allegedly in the front of the salon playing a dice game. Eric Andrews, Jr. was the "bank;" the person who held the money, said Hawkes.
At one point, Antwan Cromedy demanded his money, testifying it was $50, from Eric Andrews, Jr., said Hawkes. An altercation ensued and Antwan Cromedy allegedly pulled a knife on Eric Andrews, Jr. and then handed a handgun to Zaire Cromedy, telling his brother to shoot Andrews.
Zaire Cromedy fired one shot at Eric Andrews, Jr., who was running towards the back door of the salon, according to Hawkes. The pair were friends, Hawkes said.
Eric Andrews, Jr. was part of a rap duo along with longtime friend George Opoku, also known as 6FO. The up-and-coming pair had been scheduled to perform at SOB's in New York and had previously performed alongside prominent artists, including hip-hop superstar Waka Flocka Fame, for the song "M.O.N.E.Y."
"It's back to square one and we'll retry the case," said Hesketh.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.