Local News

Judge allows ballistics evidence in Britt trial

Posted July 7, 2009 3:55 p.m. EDT

— A judge has reversed his earlier decision barring prosecutors from providing ballistics evidence in the retrial of a Cary man accused of killing his wife almost six years ago.

Myron Britt is charged with first-degree murder in the August 2003 shooting death of his wife, Nancy Britt, a Wake County teacher, at her sister's Robeson County home.

A June 2006 trial ended in a mistrial when the jury deadlocked 11-1 in favor of conviction.

Robeson County District Attorney Johnson Britt, no relation to Myron or Nancy Britt, said Myron Britt was in financial trouble and wanted to collect on his wife's $800,000 life insurance policy. Defense attorneys have maintained that the couple was happy and that Myron Britt had no motive to kill his wife.

The defense had challenged a State Bureau of Investigation report that determined that the bullet that killed Nancy Britt was consistent with a bullet fired from a .25-caliber pistol owned by Myron Britt.

Superior Court Judge Gregory Weeks initially limited testimony on firearms evidence, telling prosecutors that they couldn't provide evidence that both bullets came from the same gun or say there was a "match."

Johnson Britt asked Weeks to reconsider his ruling, and the judge relented on Tuesday.

Defense attorney Jim Parrish considered seeking a mistrial but decided to move ahead with the case.

If convicted, Myron Britt could face the death penalty.