An Anne Arundel County judge declared a mistrial Tuesday after a jury deadlocked in the case of a man accused of the kidnapping and killing of 47-year-old David Winchester Jr., whose body was found in Annapolis after his mother reported him missing from Baltimore.

Marquis Mayo, 37, was arrested and charged alongside a divorced couple, Jamar Davon Fincher and Monae Monik Fincher. All are from Baltimore.

Police accused the trio of kidnapping Winchester in Baltimore, fatally shooting him outside of a middle school in Annapolis and dumping his body in a wooded area along Spa Road. Annapolis Police officers discovered Winchester’s body on March 28, 2024. Police believe he was kidnapped and executed the same day.

Last week’s trial, which spanned four days, was the second time Mayo was tried on the charges. A jury in February 2025 convicted him of murder and related offenses, but a judge later ordered a new trial at Mayo’s request after he accused the prosecution of an evidence-sharing violation.

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The jury deadlocked after about 2 1/2 days of deliberation that began Friday. Circuit Judge Cathleen M. Vitale declared a mistrial Tuesday afternoon, citing a hung jury.

A spokesperson for Anne Arundel County State’s Attorney Anne Colt Leitess declined to comment about whether the office would retry Mayo.

Brandon Taylor, Mayo’s attorney, could not immediately be reached for comment.

Another defendant, Jamar Fincher, 38, is awaiting trial. He is being held at the Jennifer Road Detention Center in Annapolis.

Monae Fincher, 37, pleaded guilty to second-degree murder last June. County jail records show she is on “temporary release.” She is to be sentenced in August and faces a maximum of 40 years in prison.

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The investigation dates to the early morning of March 28, 2024, when Baltimore Police responded to a reported home invasion at the Southwest Baltimore home of Winchester’s mother.

According to charging documents, Winchester’s mother told police she heard a knock at her door, and when she approached, the person on the other side said her son was in the trunk of a vehicle and demanded that she open the door. When she obliged, a masked man pointed a handgun at her face.

Winchester’s mom said the assailant pushed his way in, followed by another masked man carrying an AR-style rifle.

When Winchester’s sister, who was also in the house, checked on the commotion, the armed men demanded money, according to charging documents. The sister fled upstairs and locked herself in a bedroom, pleading from behind the door that her children were with her.

One of the men, detectives wrote, shot twice through the bedroom door. Nobody was injured.

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As the two men left the house, they told Winchester’s mother they planned to kill him, charging documents say. They drove away in a blue car.

Baltimore Police rushed to Winchester’s mother’s home around 12:45 a.m. Nearly eight hours later, Annapolis Police officers were dispatched to a wooded area in the 900 block of Spa Road. That’s where they found Winchester lying face down with two apparent gunshots to his head, detectives wrote.

Detectives with the Annapolis Police Department pulled security footage from nearby Bates Middle School. After seeing a car turn into the track and field parking lot, they saw two quick flashes, the investigators wrote in charging documents. The vehicle’s headlights turned on shortly after the flashes and it left the scene.

Police said nearby residents recalled hearing “two pops.”

According to charging documents, license plate readers and closed-circuit television cameras revealed Monae Fincher’s blue Mitsubishi Eclipse Cross traveling on West Street in Annapolis before the shooting and on Taylor Avenue afterward.

Detectives also got a warrant for Jamar Fincher’s historical cellphone data, which they said showed that he was at a nightclub in Baltimore at the same time as Winchester, at the scene of the home invasion and then on Spa Road in Annapolis.