PHOENIX — The conviction against a man convicted of shooting and killing a Tempe fire captain has been upheld after allegations that a "guilty" vote was coerced from some jurors.
A Maricopa County judge decided to go on with the sentencing after a juror claimed some members were coerced into finding Hezron Parks guilty of second-degree murder in the fatal shooting of Tempe firefighter Kyle Brayer in February in 2018.
PREVIOUSLY: Several jurors in Tempe firefighter murder trial claim they were coerced into guilty verdict
The court held a hearing in August to hear testimony from one of the jurors, Juror Number 8, about the alleged coercion.
The judge said in his ruling that the allegations of juror misconduct are based on that one juror's testimony. The court also found a poll of the jury members "indicated the findings of guilt were their true verdicts, one and all."
The ruling further stated that the defendant's motion to vacate judgment was denied because there was no new evidence presented that would have changed the verdict.
It was also decided that the request for a new trial was untimely, and therefore it would be inappropriate for the court to address the matter. This is based on an Arizona Supreme Court ruling in 1981 that held a motion for a new trial should be made no later than 10 days after the verdict was given.
The court says sentencing of Hezron Parks will take place once parties can decide on a mutually agreeable date. He faces a minimum of 10 years in prison for second-degree murder.