By Melody Hanatani
Daily Press Staff Writer

DOWNTOWN, LA — Determining the fate of George Russell Weller, the 89-year-old man who wreaked havoc when he drove his car into a crowded Farmers’ Market in 2003, has proven a tall task for his criminal trial jury, with indications that a verdict may not be issued this week.

Jurors plan to recess on Thursday if they are unable to reach a decision on the Weller case by the end of today, said Court Clerk Donna Peale. Friday would mark two weeks since the case wrapped and was put in the jury’s hands.

“There is a rumor that they are going to need Thursday off,” Peale said on Tuesday.

Defense Attorney Mark Overland said the fact that the jury asked for Thursday off is a good indication it will not reach a verdict by week’s end.

Weller is charged with 10 counts of vehicular manslaughter with gross negligence and could face up to 18 years in prison if he is convicted on all counts. Jurors could also decide to charge him with the misdemeanor of vehicular manslaughter with negligence, or find him not guilty.

The jury went into deliberations on Oct. 6 in attempts to decide whether Weller is guilty of intentionally driving his car through the bustling Farmers’ Market on Arizona Avenue on July 16, 2003, killing 10 people and injuring 63 others. Among the fatalities was a 3-year-old girl.

The lengthy deliberation has surprised the defense, especially since jurors have not asked questions or requested testimony be read back.

“Usually, when the jury is out this long, they have some questions about the testimony or maybe about a specific jury instruction,” Overland said on Tuesday. “But they have no questions whatsoever.”

The District Attorney’s Office declined to comment on the case.

During the trial, the defense argued that “pedal error” — in which Weller had accidentally stepped on the gas instead of the brake — was to blame. Prosecutor Ann Ambrose, of the DA’s Office, countered during the trial that Weller could have avoided maneuvering his car into the Farmers’ Market, urging jurors to find Weller guilty of vehicular manslaughter with gross negligence because anything less would mean his actions were accidental.

Weller was not present throughout the majority of the trial because of his failing health.

The jury is scheduled to resume deliberations today at 9:30 a.m.