MIAMI COUNTY — After more than 14 hours of deliberations, a jury came to an impasse in regards to three of the four charges facing Frank Bowen, 25, of Tipp City, for his role in Joseph Graley III’s death on Tuesday.
The jury was unable to reach an agreement on the charges of murder, gross abuse of a corpse, and tampering with evidence.
However, the jury did find Bowen guilty on the fourth count — fourth degree felony safe-cracking — which carries a prison term of six to 18 months in prison. Bowen remains in Miami County Jail.
Miami County Common Pleas Court Judge Christopher Gee stated the jury were unable to reach an agreement and declared a mistrial on the three counts. He thanked the jury and dismissed them from their duties at 1:45 p.m.
Gee deferred sentencing Bowen on the safe-cracking charge. Gee set a scheduling conference in chambers for Aug. 24 to determine how to proceed with the case.
“We’re going to regroup and we’re going to set this thing for trial and we’re going to do it again,” said Miami County Prosecutor Tony Kendell.
Kendell said Graley’s friends and family were happy with the work that has been done.
“They know it’s not over yet,” Kendell said.
Bowen’s defense co-counsel Steven King said it would be inappropriate for him to comment on a pending case following the declaration of mistrial on the most serious counts of Bowen’s indictment.
Graley, 31 of New Carlisle, was found deceased by blunt force trauma to the head and face in the backyard of his home on Scarff Road in Bethel Township on Oct. 23, 2014. A family member reported Graley missing on Oct. 22. Sheriff’s officials located Bowen at Graley’s home during a welfare check on Oct. 22 and arrested him on an unrelated warrant.