The case against a man charged with killing a Dublin carpenter in a one-punch attack in Boston has been declared a mistrial after the jury failed to reach a unanimous verdict.
Barry Whelan (46) was found lying on the street in downtown Boston on St Patrick’s Day in 2023. He was taken to hospital where he was treated for a skull fracture and brain haemorrhaging. He died three days later, on March 20th.
Mr Whelan, who emigrated to the US from Dublin in 2002, had been working as a carpenter and was living in Woburn, north of Boston.
Sanusi Sadiq (30), a bouncer with an address in Quincy, Massachusetts, was charged with his manslaughter.
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The jury at the Suffolk Superior Courthouse in Boston had been out for deliberation since Thursday. A hearing to schedule a new trial date is set for April 15th.
The court heard the two men were strangers who interacted on the street for seven minutes. Mr Sadiq then struck Mr Whelan, who fell and hit his head.
Mr Sadiq’s attorney Michael Chinman argued that Mr Whelan had racially abused his client. He said Mr Sadiq was not trying to cause injury and that Mr Whelan fell because he was drunk.
The court heard there was video of the exchange but no audio.
Assistant District Attorney Jillian Bannister said that the allegation of racism is “a convenient interpretation.”
She told the jury that Mr Sadiq looked both ways “making sure the coast is clear” before he struck Mr Whelan.
“The defence is asking you to disbelieve what you can see with your very eyes,” said Ms Bannister.
Mr Whelan’s former boss John Marsoobian, who attended the trial, told The Irish Times the claim he used racist slur was “nonsense.”
“Barry never had a bad word to say about anybody,” he said. “I’ve never heard anything racial come out of his mouth.
“Barry is not here to give his side of the story because the defendant left him to die in the street,” he said.
Mr Marsoobian said Mr Whelan was a hard worker with a great sense of humour and “didn’t deserve this.”
