A state judge dismissed a murder charge yesterday against a man accused in the 2008 execution-style murder of Jermaine Duckworth, whose body was found at the bottom of a cliff near Yokohama Bay with a gunshot wound in the back of his head.

Patrick W. Deguair Jr., 33, stood trial twice for the March 27, 2008, abduction and murder of 24-year-old Duckworth. Both trials ended with the juries deadlocked 6-6.

Circuit Judge Glenn Kim dismissed the murder charge under Hawaii case law that prevents the state from taking a defendant to trial repeatedly using the same evidence until it gets a guilty verdict.

Kim said he is mindful of and regrets the ramifications of his decision.

"It’s almost certain that nobody is going to be held accountable for the murder of Jermaine Duckworth," whom he said was killed in a cold, callous manner.

He said the prosecutor presented fairly persuasive evidence for motive and two witnesses testified they saw Deguair shoot Duckworth in the back of the head. But he said those same two witnesses were also the state’s worst problem because their statements conflicted. He said the state also has some real problems with certain evidence.

"The chances of the state in convincing (Deguair’s guilt) beyond a reasonable doubt are virtually nil," Kim said.

He said if the case were to go to trial a third, fourth and fifth time, even with a different prosecutor, they would all end the same as the first two, with hung juries.

The prosecutor has yet to indicate whether he intends to appeal Kim’s ruling.

Deguair is not completely free of the case.

Kim scheduled a third trial on the kidnapping charge for which the second jury found Deguair guilty last month. But because of juror misconduct, Kim invalidated the verdict yesterday.

The judge, prosecutor and defense lawyer questioned the jurors individually last month after one of the jurors left Kim a telephone message alleging misconduct by other jurors.

The jury foreman admitted doing an experiment with duct tape at home and reporting her findings to the others after Deguair had testified that he bound Duckworth’s hands with duct tape at a home in Waipahu the night before Duckworth’s body was found.

Other jurors said the foreman also reported documented proof that Deguair had threatened four people even though trial testimony alleged he threatened only the victim and the victim’s brother.

Some jurors said they discussed fear of retribution from Samoan gangs if they found Deguair guilty, yet none of them remembers any testimony about Samoan gangs. And several jurors said the foreman declared she was not going to get up in open court and say "guilty."

The jurors could not reach a verdict on the murder charge but found Deguair guilty of class A kidnapping because they determined Deguair did not voluntarily release Duckworth.

Class B kidnapping occurs when a defendant voluntarily releases a victim, alive and not suffering from serious or substantial bodily injury.