An arraignment on amended charges and a bail hearing was set Friday for Jeremiah Barrett in his first court appearance since a panel of jurors ruled he was not guilty on two felony murder in the second degree charges.
Barrett will appear again April 7 in Calaveras County Superior Court for arraignment on the remaining charges: one felony murder in the second degree and three felony manslaughter allegations. The bail hearing will occur on the same day.
Barrett’s defense attorney, Key Foley, said during the brief hearing Friday the bail reduction could be miniscule if any. For now, Barrett’s bail remains at $3.45 million.
“That amount was based on the three murder charges,” Foley said during the five-minute trial-setting conference.
Though the jury acquitted Barrett on two murder charges, they could not reach consensus on the other four, and a mistrial was declared at the end of a 17-day trial last month. The foreman said the split was 11-1. It was not identified which way the jury was leaning.
Barrett was acquitted of charges in connection with the shooting deaths of Daniel Haney and Terry Flen Looney Jr. at a marijuana garden Barrett’s brother, Leon Grammer, owned off Railroad Flat Road. Barrett said the two men were charging at him, making threats against his life when he shot them with a shotgun.
A third man, Wesley David Smith, was allegedly shot by a shotgun and a derringer a moment later. Evidence at the trial revealed the derringer shot was to the back of Smith’s head while he was on the ground. Barrett has testified Smith was reaching, and Barrett thought he may have been grabbing a gun.
The jury was undecided on the murder charge that stemmed from Smith’s death.