A judge ruled that the man convicted in the 2018 death of a Tempe fire captain won’t get a new trial, despite allegations of juror misconduct. 

Maricopa County Superior Court Judge George H. Foster issued a decision Friday stating he will not interview other members of the jury that convicted Hezron Parks of second-degree murder in the Scottsdasle shooting death of Kyle Brayer. 

The decision came 20 days after Foster interviewed one juror after he or she reported the alleged misconduct in late August. The juror told Foster that pervasive bullying from other members of the jury pressured the juror.

Juror No. 8 also said five other jurors likely experienced the same bullying and may also have felt forced to convict Parks of second-degree murder instead of the lesser charge of manslaughter. 

The defense argued a mistrial should be declared since the new evidence emerged, but the state’s response countered that the claim wasn’t enough to change the verdict and it was far past the deadline to file the motion.

During the Aug. 30 hearing, prosecutor Jordan Smith pointed to prior case precedent that outlines that actual threats, not just bullying, would need to have occurred for the verdict to be overturned. 

No other jurors have come forward in the weeks since, according to Foster’s ruling.  

Parks’ sentencing has yet to be scheduled.  

Reach public safety reporter Bree Burkitt at [email protected] or at 602-444-8515. Follow her on Twitter at @breeburkitt.

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