Judge declares mistrial in Heather Elvis kidnapping

A mistrial was declared Friday afternoon in the four-day kidnapping trial for Sidney Moorer, charged in the disappearance of Heather Elvis. A deadlocked jury was unable to reach a verdict after about nine hours of deliberation that spanned two days.

The mainly-male jury was split, with 10 believing Moorer was guilty and two determining he was innocent.

The jury was handed the case by Judge R. Markley Dennis Jr. about 4:45 p.m. Thursday, but the group requested that they break for the evening about 7:20 p.m., and the jury reconvened at 9 a.m. Friday.

They reviewed pieces of evidence and asked for the definitions of circumstantial evidence, reasonable doubt and to hear the charge of kidnapping, but came to the judge about 2:40 p.m. Friday and said they were deadlocked.

“A mistrial would be an unfortunate thing,” said Dennis to the jury when he delivered an Allen charge to them, stating no other jury would be more qualified than they are to determine the case’s outcome and requested they deliberate further.

However, the jury returned to the courtroom a little more than an hour later, saying they could not reach an agreement and Dennis declared a mistrial.

The judge turned the case over to the jury despite a motion from defense attorney Kirk Truslow on Thursday, who asked the judge to determine the case himself in a directed verdict, because Truslow said the state did not provide substantial circumstantial evidence for the jury, who shouldn’t have to “engage in guesswork and speculation.”

The jury was excused while the motion was heard, and Dennis told Truslow it was clear to him that Elvis, who remains missing, left Peachtree Landing, where her locked and abandoned car was discovered by police about 4 a.m. Dec. 18, 2013, with someone she knew, and that it was inconsistent for a young woman who was excited about her life to suddenly vanish.

Elvis, who was 20 years old when she disappeared, met Moorer, 40, at the former Broadway at the Beach restaurant Tilted Kilt, where she was a hostess and he worked as a maintenance man. The two were involved from July 2013 to October 2013, according to testimony.

“I think it would have been really great if it could have been resolved. … When this happens it’s a little disappointing when you spend all this time and effort,” said Truslow.

One of the jurors identified himself as a friend of Truslow’s during the jury qualification process Monday and told the judge he felt he could still be fair and impartial. After the mistrial, Truslow described his relationship with the juror as being between an acquaintance and friend and said he believed the juror would be impartial.

Truslow said he will continue to represent Moorer and said it was possible for the state to decide not to hold another trial for Moorer if they choose and said he didn’t know when Moorer may be retried.

“If they’re [the state] going to do it, I’m sure they’re going to do it as quickly as they can,” said Truslow.

Jimmy Richardson, 15th Circuit Solicitor, declined to comment on the case, citing the gag order signed by Judge Steven John in March 2014 that prevents discussion from involved parties and still stands.

Moorer declined to speak with media outlets just after the mistrial was declared, but said he felt confident he would be found not guilty while the jury was still deliberating.

“I’m going home. I’m going home tonight. I think it will work out,” Moorer said before the mistrial was declared. “I’m innocent.”

However, Moorer said he did discuss with his family how they would handle things if he did go to jail on the kidnapping charge.

“That’s a rough conversation. Preparing for the worst,” Moorer said.

Moorer’s wife, Tammy, is also charged with kidnapping Elvis, and her trial date has not been set. Tammy Moorer was mainly absent from the trial, but did come to court at the end of the day Thursday with the couple’s three children, and was present with them in court Friday.

Polly Caison, Tammy Moorer’s mother, said the couple was breathing a little easier, but not feeling completely relieved.

“It’s heartbreaking to have to go through it all again. … A lot of stuff has been hid and hadn’t come out, and they need to drop the gag order where things can come out,” said Caison. She said she was frustrated by the gag order and that some details have not been brought to light in the case.

The Elvis family couldn’t be reached for comment after the mistrial was declared. The family said during the trial, however, that it was “traumatizing” for them to listen to the details and see the evidence. They also emphasized that they are still seeking tips about their missing daughter.

Assistant Solicitor Nancy Livesay and Assistant Solicitor Martin Spratlin laid out their case, built upon cellphone records, GPS data that tracked Elvis’ cellphone’s last movements, surveillance footage and witness testimony.

Witnesses who were friends of Elvis testified she may have been pregnant. Elvis took a pregnancy test, but it read “error” and was ultimately inconclusive.

The state argued that Moorer had a motive in the case because of the possible pregnancy, which would not have allowed for a clean break between Elvis and Moorer. The state asserted Moorer lured Elvis to Peachtree Landing and kidnapped her.

“If you want to believe Sidney Moorer kidnapped Heather Elvis because he thought she might be pregnant, then you have to believe I’ve been sitting next to the devil himself this whole trial,” said Truslow during his closing argument Thursday.

Cellphone records showed Elvis was at her White River Drive apartment from about 1:13-2:31 a.m. on Dec. 18, 2013. She received a call from Sidney Moorer about 1:35 a.m. from a Seaboard Street payphone after Moorer bought a pregnancy test and cigar at a nearby Wal-Mart, according to testimony.

Caison said the test he purchased was for her daughter, Tammy Moorer.

Before the state rested Thursday, Elvis’ former roommate, Brianna Warrelmann, who was out of town on Dec. 18, 2013, poured out an emotional testimony of the last phone call she received from Elvis, about 1:45 a.m. Dec. 18, 2013.

She testified that Elvis told her Moorer said he had left his wife and wanted to be with her. Warrelmann said she was angry Moorer reached out to Elvis after Elvis was starting to bounce back from their October 2013 breakup and advised her to just sleep on it before making any decisions.

Cellphone records showed Elvis tried calling the payphone back nine times, and drove to Longbeard’s Bar and Grill in Carolina Forest, was in the parking lot briefly, drove home, then talked to someone on Moorer’s cellphone for about four minutes before heading to Peachtree Landing.

All of Elvis’ cellphone activity stopped there at 3:42 a.m. Video surveillance from a business off Mill Pond Road and a home off S.C. 814 showed a truck, which the state said was Moorer’s, heading to and from the area of the landing about 3:38 a.m. Dec. 18, 2013, according to testimony.

“There’s a fine thin line between circumstantial evidence and looking suspicious,” said Truslow during his closing argument Thursday.

The defense called no witnesses and Sidney Moorer did not testify.

Truslow argued that other suspects loomed in the background, such as an abusive ex-boyfriend of Elvis’ and a man she had just returned from a first date with, but that Horry County police did not investigate them. And Truslow also pointed to Tammy Moorer, who sent Elvis threatening messages and harassing phone calls, according to testimony.

Sidney and Tammy Moorer were charged with murder in Feb. 2014 in Elvis disappearance, but the charges, along with indecent exposure charges, were dismissed for the couple in March. An obstruction of justice charge was also dismissed for Tammy Moorer.

Moorer is still charged with obstruction of justice, but a trial date has not been set for that charge.

This story was originally published June 24, 2016 at 4:00 PM with the headline "Judge declares mistrial in Heather Elvis kidnapping."