Mistrial declared in case of man accused in fatal hit-and-run of 8-year-old boy

CHESAPEAKE, Va. (WAVY) — A mistrial has been declared in the trial of a man charged in the deadly hit-and-run of an 8-year-old Chesapeake boy last October.

Richard Humbert, 39, is charged with not reporting an accident that resulted in injury or death/failure to stop for a collision that occurred nearly a year ago, on Oct. 3.

It was around 4:15 p.m. that afternoon when Humbert, in his white Honda Civic, struck Forrest Hooper who was attempting to cross the 1700 block of South Battlefield Boulevard in the Great Bridge area, according to prosecutors.

When the trial began Monday morning, the judge instructed jurors not to reach any conclusions until they had been presented with all of the evidence, had heard all of the testimony and closing arguments. This meant no independent research, no examination of the location and no internet searches.

But Judge Stephen Telfeyan granted the defense motion for a mistrial Tuesday saying it had come to his attention that “these instructions were not followed. There was independent research, discussions among the jurors, and conclusions reached,” he told the 14 jurors. Telfeyan said he was not singling any particular juror out, and he did not explain how he became informed of the misbehavior.

The victim’s grandmother said afterward, “We are understandably disappointed with today’s events. However, we do have full faith and confidence in the Commonwealth’s case, and we are anxiously awaiting a new trial date.”

Two witnesses did testify Tuesday before the mistrial was declared. A Chesapeake Police officer and a forensic specialist described the evidence that was gathered near the point of impact, 1732 S. Battlefield Rd.

One of Forrest’s Nike sneakers was found on one side of Battlefield, the other across the road. His cell phone was found more than 50 feet away from one of the shoes.

Humbert’s attorneys stated Monday that he thought he had hit a deer that afternoon. He did not stop until he reached a Wawa about a quarter-mile away, and never filed an insurance claim.

Last fall, the community rallied around the boy’s family after their loss.

“He was a remarkable little boy,” his grandmother said. “And to bring that many people together, they didn’t know us and they reached out and they kept us strong.”

A new trial date must be established by Friday, and the new trial is expected to begin in October or November.

Asked is she can re-charge her emotions and summon the strength once again for a second trial, the grandmother said, “they’re fully charged right now. They’ll remain fully charged. This is a step in the grieving process.”

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