A Brooklyn judge has declared a mistrial in the case of the third and final defendant accused in the shooting death of an NYPD officer during a traffic stop in 2007.
Lee Woods, 30, is charged with aggravated murder in the death of Officer Russel Timoshenko.
Woods’ trial had reached deliberations when a juror became ill and was unable to return to court.
State law prohibits substituting an alternate juror once deliberations are underway, unless the defendant agrees. Woods did not agree.
The parties will return to court Jan. 14 to plan for the retrial.
The mistrial comes amid an emotional week in the case.
On Wednesday, a jury acquitted defendant Robert Ellis, 35, of all but weapons charges, drawing anger from police, the Timoshenko family and even Mayor Michael Bloomberg.
On Friday, a second jury convicted Dexter Bostic, 36, who was accused of actually firing the gun that killed Timoshenko, of all charges.
Prosecutors argued Bostic and the two others acted as a team to shoot Officer Timoshenko and his partner, Herman Yan, after the three men were caught with a stolen SUV and with illegal weapons in the vehicle. Prosecutors argued Bostic shot and killed Timoshenko, Robert Ellis simultaneously shot Yan, and Lee Woods was the driver.
Yan recovered and is now an NYPD Detective.
