Mistrial declared in Alabama murder case

DOTHAN, Ala. — An Alabama jury failed to reach a verdict in a capital murder case this week, resulting in a mistrial.

The Dothan Eagle reports prosecutors will consider whether to retry Herman Cunningham Jr., of Abbeville, who faces charges in the 2011 slaying of 21-year-old Apolinar "Poli" Perez Jr.

Perez's remains were found in January 2013 inside a refrigerator thrown into a gully off of Alabama Highway 95 North.

Some of the evidence for the capital murder charge was based on text messages investigators found between Perez and Cunningham.

An indictment says during the time of the slaying, Cunningham was in the course of stealing a vehicle that belonged to Perez. Deputies found Perez’s car and cellphone at Cunningham’s house during their investigation.

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