ORANGEBURG, S.C. — Orangeburg County Judge Maite Murphy on Wednesday declared a mistrial in the murder trial of Tyler Givens in the murder of Benedict College student Donovan Smalls.
Givens is charged with the murder of Smalls after shots were fired at a party in Orangeburg on Summers Avenue in April of 2019. Police say Givens was the one who fired the fatal shots.
Yesterday, the Department of Public Safety shared new evidence to both prosecutors and the defense.
Judge Murphy says this evidence should have been given at the beginning of the trial.
“Justice requires that the jury charged with deciding the case be given all the relevant evidence on which to base its decision. The clear question is a significance of the undisclosed evidence," Murphy said. "It is uncertain whether that evidence is will be exculpatory or useful for impeachment. The public's interest and a fair judication necessitates that a mistrial be declared.”
“I find extremely disturbing the failure of the State to diligently review the evidence and its preparation or lack thereof for trial,” Murphy said. “The State has wasted time and resources and prolonged justice in this manner.”
Givens’ lawyer, Aimee Zmroczek, says this mistrial delays the process of finding justice.
“And so what happens now is basically we start over. The problem is for Mr. Givens, like I said, we have to now get copies of this trial transcript,” Zmroczek said. “I have to hunt down new evidence, but not only that, I’m scheduled for another trial in Williamsburg starting on Monday and my trial schedule is booked up until June. And this does not only further delay it for the client, it further delays it for the family. They deserve to know what actually happened that evening, and it’s unfair all around.
The defense believes the evidence is exculpatory for Tyler Givens.
The State says they will be retrying this case at a later date.