NATCHEZ — The retrial of a Lawrence County man accused of shooting and killing his live-in girlfriend in 2010 hit a snag Tuesday when not enough people could be seated for jury selection.

Robert Wayne Silvia, 61, is being retried for the shooting death of Darlene Berthelot, whose body was discovered in June 2010 stuffed in a freezer in the couple’s Jayess house in Lawrence County. The body was discovered after Bertholet’s daughter, asked deputies to check on her mother.

A medical examiner said Berthelot, 52, had been dead about four or five days before her body was found.

Silvia was convicted of murder in 2012 in Walthall County and sentenced to life in prison. In 2015, the state Court of Appeals overturned the conviction and sent it back to be retried.

In his appeal, Silvia did not deny he killed Berthelot. Instead, he argued the shooting occurred while he was in a state of hopeless despair and intoxication because Berthelot was going to leave him.

The Court of Appeals, ruled Silvia did not receive a competency hearing that they said was required after a Walthall county judge ordered a psychiatric evaluation.

Presiding Judge Michael Taylor of the Fourteenth Judicial District Circuit Court moved the trial to Adams County because media coverage and widespread knowledge of the case in the community would make finding enough impartial jurors difficult.

The pool of jury candidates that appeared for jury duty in the Adams County Courthouse Tuesday was narrowed down to 32 after the court allowed several jurors to be excused for exemptions allowed by law. Taylor said the pool of jurors needed to have at least 36 prospective jurors to begin jury selection. Because both the defense and prosecution get 12 juror challenges each, Tuesday’s pool was too small to continue, Taylor said.

Taylor ordered jury summons be served in person to those who did not appear for jury duty Tuesday. He said court would resume at 8:30 a.m. today.

During this second trial, attorneys Bill Goodwin of McComb and John Neil of Magnolia will represent Silvia.

The 14th Judicial District of Mississippi is prosecuting the case. Assistant District Attorneys Timothy Jones of Tylertown and Brendon Adams of Brookhaven are representing the state.

The 14th Judicial District is made up of Lincoln, Pike and Walthall Counties.

Taylor said Adams County was selected because it was far enough away from Jackson and Hattiesburg, but still close enough to easily travel from home and back.

“The judges and clerks here were also kind enough to accommodate us,” Taylor said. “Adams County has been very hospitable.”

 

The Associated Press contributed to this story.