A mistrial was declared Friday in the Richmond trial of Xavier Brown, who is accused of killing two people within a week in 2023, after testimony from a co-defendant touched on a separate murder conviction and prompted an immediate objection from prosecutors.
Jury dismissed after testimony referenced outside conviction
Court records and coverage show the judge ruled for a mistrial late Friday afternoon during testimony from co-defendant Isabel Battle. Prosecutors said they felt compelled to seek a mistrial because jurors heard mention of Battle’s unrelated Brunswick County homicide conviction, a matter the court had previously limited from being discussed unless certain conditions were met.
Brown faces charges in the killings of Cameron Cole and Ckristofer Tyler. Prosecutors allege Brown and Battle lured Cole on April 28, 2023, under the pretense of a sexual encounter, then robbed and killed him. Authorities say the same vehicle and some of the same individuals were involved when Tyler was killed six days later, and they allege Brown was the gunman in both slayings.
- Defendants: Xavier Brown and two co-defendants; Isabel Battle is one of those co-defendants.
- Victims: Cameron Cole (April 28, 2023) and Ckristofer Tyler (six days later).
- Recent development: Mistrial declared during Battle’s testimony after reference to her Brunswick County conviction.
Before the trial began, the judge allowed the parties to reference Battle’s Brunswick County murder conviction only for the limited purpose of attacking her credibility if she testified. The court had barred more detailed discussion of that separate case unless testimony opened the way to it. During cross-examination, Battle offered an answer that the defense argued opened the subject, and a follow-up question from the defense mentioned the Brunswick County homicide. Prosecutors immediately objected.
“She did not believe the defense attorney acted with ill intent and was simply caught up in the moment,”
The judge took roughly 10 minutes to consider the objection before declaring a mistrial, saying it would be difficult for jurors to disregard what they had heard. The judge stressed she did not believe the defense counsel intended to prejudice the jury but nonetheless concluded the proper remedy was to stop the trial.
Next steps and local implications
The parties are scheduled to return to the John Marshall Courthouse in Richmond on Friday to set a new trial date. Prosecutors said they did not want to seek a mistrial but felt they had no realistic alternative after jurors were exposed to potentially prejudicial information.
The ruling means the lengthy and highly charged case will be delayed while prosecutors and defense attorneys decide whether to retry Brown and how to address witness testimony limits. For victims’ families and the broader Richmond community, the decision prolongs the legal resolution of two violent deaths that occurred within a short span in 2023.
| Event | Date |
|---|---|
| Cameron Cole slaying | April 28, 2023 |
| Ckristofer Tyler slaying | Six days after April 28, 2023 |
| Mistrial declared | Friday (court day) |
| Return to court to set new date | Following Friday (scheduled) |
Battle previously pleaded guilty to, and was sentenced for, a murder in Brunswick County that occurred while she was out on bond for the Richmond-related charges. That prior conviction had been a focal point in pretrial motions about what jurors could hear regarding witness credibility. Prosecutors argued the reference to that conviction during testimony could unfairly taint the jury’s view of the case at hand.
Defense attorneys said the exchange that referenced the Brunswick County case was not made in bad faith. The judge’s comments during the hearing reflect that assessment but also highlight the judiciary’s limited tools when jurors hear inadmissible or potentially prejudicial information in open court.
The mistrial leaves open a range of legal options for both sides, including seeking a retrial, negotiating plea deals with co-defendants or challenging what portions of witness testimony will be permitted if the case returns to the jury. The extended schedule will also require the court to allocate further time in a busy criminal docket at the John Marshall Courthouse.
This is a developing story. The newsroom will monitor court filings and proceedings and provide updates when a new trial date is set or additional motions are filed.
