Wormley
Wormley

A jury on Friday found Antonio "TJ" Wormley not guilty of third-degree murder in the death of his fellow south-side gang associate during a shootout.

Jurors also found him not guilty of attempted first-degree murder, but they were deadlocked and couldn't decide on verdicts on charges of aggravated assault, criminal conspiracy and illegal possession of a firearm.

The hung jury means the state could re-try those three charges, but prosecutors are still evaluating what course of action to take, said Kyle King, administrator at the District Attorney's office.

The jury started deliberating Thursday and, unable to decide on a verdict, resumed at 9 a.m. Friday. The jury returned to court with questions throughout the morning and before 1 p.m. issued the acquittals.

Wormley, 19, of McKenzie Street, was charged in the homicide of 21-year-old Kyle Westry.

York City Police have said Wormley, Westry and two others confronted Wajh S. Jamison, a rival Parkway gang associate, which led to a shootout that left Westry dead.

Wormley also was charged with attempted first-degree murder, aggravated assault and criminal conspiracy, with Jamison listed as the victim in those alleged crimes. He was charged with of illegal firearm possession as well.

Background: The shootout happened near the corner of South Pershing Avenue and West Princess Street about 4:20 p.m. June 21, 2012, and investigators believe five guns fired no fewer than 20 bullets, chief deputy prosecutor David Sunday has said.

Jamison was one of the shooters that day, but Sunday told jurors Wormley was the only person involved in the shootout who fired a 9mm, and that two of the eight bullets he fired struck Westry.

Defense attorney Paul Kovatch, in his closing argument, told jurors there is no definitive ballistics link between the bullets fired from the 9mm handgun and bullets recovered from Westry's body.

He said many of the eyewitnesses to the shootout are related to Jamison and therefore minimized his involvement. Kovatch maintained Jamison fired the fatal shot.

Wormley and the other south-side associates all showed up in the area of the shooting, later walking inside a local barbershop where Jamison was getting his hair cut.

They confronted him about whether he'd shot one of their associates, and the argument continued outside and escalated into gunfire.

Staff writer Liz Evans-Scolforo contributed to this report. Christina Kauffman can also be reached at ckauffman@yorkdispatch.com.