Prosecution said it'll try the case a third time.
SOMERVILLE -- Somerset County Superior Court Judge Robert B. Reed declared a second 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 two-and-a-half days of deliberations and read backs, 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."
Antwan Cromedy was charged with first-degree murder, possession of a weapon for an unlawful purpose and unlawful possession of a weapon - a knife.
In the first trial, Antwan Cromedy was acquitted of possession of a firearm for an unlawful purpose and unlawful possession of a handgun.
Zaire Cromedy was charged with first-degree murder, possession of a firearm for an unlawful purpose and unlawful possession of a handgun.
Assistant Prosecutor Robert Hawkes said he intends to retry the brothers a third time. The judge set Jan. 9 as the retrial date.
"It's a tough case," said Branchburg-based attorney Edward J. Hesketh, who represented Zaire Cromedy. "A young person lost his life. It appears the jury has struggled with that and seems to be cautious in making a decision.
"It's a homicide. It's a policy choice for the state to go forward. The community demands that they go forward."
The judge suggested that the two sides try to reach a plea deal before moving forward with a third trial.
"Two juries have failed to come to a verdict," said the judge. "If possible, I would suggest this case be resolved by way of a plea offer other than murder one. I would encourage those discussions."
Aspiring rapper killed over dice game
New Brunswick attorney Amber Forrester, who represented Antwan Cromedy, and Hesketh, said they'll file a joint motion to have the charges dismissed against the brothers.
The pair also plan to file a motion to have their clients released on their own recognizance or have their bail reduced. Both are being held in Somerset County Jail on a $500,000 cash or bond bail.
"My client has been in jail for three years," said Hesketh.
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.
According to testimony, 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.
On this Sunday, the group had gathered to watch the San Francisco 49ers play the Kansas City Chiefs.
While some were watching the game, Antwan Cromedy, Eric Andrews, Jr. and others were in the front of the salon playing a dice game. Eric Andrews, Jr. was the "bank;" the person who held the money.
At one point, Antwan Cromedy demanded his money, $50, from Eric Andrews, Jr. 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.
Antwan Cromedy was acquitted of possession of a firearm in the first trial.
Zaire Cromedy fired one shot at Eric Andrews, Jr., who was running towards the back door of the salon.
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."
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.