ATLANTA — A judge has declared a mistrial in the Fulton County case against three men charged with the fatal shooting of 16-year-old Bre’Asia Powell at a post-graduation party outside Mays High School.
The decision comes four days and 13 witnesses into the trial, after the defense received a large amount of new evidence from the state mid-trial. The materials include a 118-page police report, ballistics information, and cell phone data.
Defense attorney Miguel Cossio compared the volume of new evidence to the index of the Encyclopedia Britannica. “It is an enormous feat to try to look over something this massive, especially trying to connect all of the dots and all of the other evidence that’s been produced,” Cossio said.
Cossio said the late disclosure made it impossible for defense teams to mount an effective case. “We’re getting blindsided here; that’s why Judge Edwards’ decision was correct,” he said, adding, “For everyone in our community and in our country, this is a big deal because whether they’re guilty or innocent, everyone deserves a fair trial and this isn’t it.”
Judge Belinda Edwards agreed that the amount of new information was too much to review in the middle of trial and granted the mistrial. Bre’Asia Powell was killed in 2023 when she was caught in the crossfire during the shooting.
The defense now plans to file motions for double jeopardy. The judge set a February 1 deadline for those motions. If double jeopardy is attached, the state would be barred from retrying the defendants.
WSB Radio’s Veronica Waters contributed to this story.