Second Hung Jury In Murder Case

TACOMA - A second jury has failed to reach a verdict on murder and assault charges against a man in the drug-related shooting death of a woman and the wounding of her 9-year-old son in Eatonville.

The Pierce County Superior Court jurors were divided 9 to 3 in favor of conviction after five days of deliberations in the case of Jimmy Marvin Swinson, 23. Judge Sergio Armijo declared a mistrial yesterday.

Swinson was convicted of unlawful possession of a firearm.

He was charged with first-degree murder, second-degree attempted murder and first-degree burglary in the fatal shooting of Cynthia M. Revette, 33, and her son, Derek Rottier, on Nov. 16, 1997.

Testimony indicated that he, Randy Vance, also 24, and Kristopher Otis, 18, went to her home to rob her of drugs and money and that Vance owed her money for previous drug buys.

Vance was convicted in October of first-degree murder, second-degree attempted murder and burglary and subsequently was sentenced to more than 75 years in prison. In that case also the jury failed to reach a verdict on Swinson. Otis cooperated with prosecutors in exchange for reduced charges. The dead woman's son told medical personnel the killers were "Randy, Kris and Adam" and said all three were white. Swinson is black.