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Judge declares mistrial in Austinite’s Molotov cocktail case

Tuesday, February 3, 2009 by Austin Monitor

MINNEAPOLIS–At around 4pm on Monday, the jurors in the federal Molotov cocktail case of Austinite David McKay told the judge that they were not going to come to a unanimous verdict.  McKay, age 22, had admitted making the firebombs, but the jury had to determine whether he was entrapped by FBI informant Brandon Darby, also from Austin. McKay and another man allegedly built the bombs to burn police cars outside the 2008 Republican National Convention last year.

After U.S. District Judge Michael Davis declared a mistrial, he allowed McKay out of custody on $25,000 bail.

McKay walked into the lobby of the Federal Courthouse in Minneapolis at around 5:30pm, and was immediately embraced by his father, Michael McKay.  The two hugged for several minutes, and David McKay seemed all too aware of how fleeting his newfound freedom could be. “I’m glad I’m going home with my dad,” he said. “But I’ve got to go home and start to prepare to defend myself again.”

McKay said he was looking forward to appreciating the little things, like a good meal.  “I can’t wait to run around the block,” he said, “I’ve never been so excited to go outside.” (And that’s saying a lot. The temperature was around hovering around zero in Minneapolis.)

Judge Davis set a new trial date for March 16, and told McKay that while he’s out on bail he can’t commit another crime, threaten Darby or any other witnesses.  He also must pass regular drug tests and give up his passport.

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