Juror charged with contempt in Wichita murder trial pleads guilty

26 June 2023

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WICHITA, Kan. (KSNW) — A Haysville man who was charged after his comments to fellow jurors led to a mistrial has pleaded guilty.

Kyle Wissner, 22, was charged on April 25 with contempt by Judge Tyler Roush. Wissner was accused of violating his orders not to discuss the Javan Ervin murder case, which he and his fellow jurors were seated on.


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The other jurors notified the judge, who then had to declare a mistrial. A new jury was seated on June 5, and Ervin’s retrial resulted in a conviction of first-degree murder just three days later for the July 6, 2021, traffic death of Samantha Russell.

Wissner was prosecuted for criminal contempt, which is a misdemeanor. The case was prosecuted by the Kansas Attorney General’s Office under state law.

District Judge Sean Hatfield sentenced Wissner to a year of probation with an underlying sentence of 30 days in jail and a $500 fine.

Deputy Attorney General Vic Braden, who prosecuted the case, says Wissner will be released from probation once the fine and court costs have been paid.

Sentencing for Ervin is scheduled for July 26.

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