Key Takeaways
- A deadlocked jury led to a mistrial in the high-profile murder trial of Ben Whitaker, accused of killing his wife in 2021.
- One juror prevented a unanimous verdict, leaving the case unresolved after 8 hours of deliberation.
- Judge Helton attempted to break the deadlock with an Allen Charge, urging jurors to reconsider their positions.
- District Attorney plans to retry Whitaker, with a new trial possibly starting in January, resetting the case proceedings.
- The case has significantly drained court resources and emotional energy from all involved parties.
A deadlocked jury has brought the high-profile murder trial of Ben Whitaker to an abrupt halt in Dublin. After just eight hours of deliberation, Judge Jon Helton declared a mistrial when jurors failed to reach a unanimous verdict in the case of the Dublin nurse accused of killing his wife in 2021.
One Holdout Juror Stalls Decision
The two-week trial ended in uncertainty when the jury foreperson informed Judge Helton they couldn’t reach consensus, with a single juror preventing a unanimous decision. Court officials have not disclosed which way the majority of jurors were leaning.
Whitaker stood accused of murdering his wife at their Penn Avenue home just 59 days after their wedding. The prosecution built their case around the theory that Whitaker killed his wife because she was “nagging” him about his drinking habits. Meanwhile, the defense argued his actions were influenced by medication his body couldn’t properly process.
Judge’s Last Attempt to Break Deadlock
Before declaring the mistrial, Judge Helton issued what’s known as an Allen Charge – a formal instruction urging jurors to reconsider their positions without abandoning their honest beliefs. This judicial tool asks jurors to:
- Consider the perspectives of fellow jurors
- Reevaluate the evidence from different viewpoints
- Question whether their doubts are reasonable given others’ conclusions
Despite this final effort to reach consensus, the jury remained divided, forcing the judge to declare a mistrial.
What Happens Next?
District Attorney Harold McClendon has already confirmed plans to retry Whitaker, with a new trial potentially beginning as early as January. The mistrial essentially resets the case to square one, requiring prosecutors to present their evidence to a fresh jury.
The outcome leaves both the prosecution and defense preparing to revisit a case that has already consumed significant court resources and emotional energy from all parties involved.

B.T. Clark
B.T. Clark is an award-winning journalist and the Publisher of The Georgia Sun. He has 25 years of experience in journalism and served as Managing Editor of Neighbor Newspapers in metro Atlanta for 15 years and Digital Director at Times-Journal Inc. for 8 years. His work has appeared in several newspapers throughout the state including Neighbor Newspapers, The Cherokee Tribune and The Marietta Daily Journal. He is a Georgia native and a fifth-generation Georgian.