A juror who exchanged angry words with a waiter while eating dinner with his fellow jurors last night has narrowly escaped being kicked off the jury by Judge Gaughan this morning.
Deputies who have been keeping round-the-clock tabs on the jury since it was sequestered last night told Gaughan the juror had become enraged that he had to wait to be served a beer.
The juror, a white man in his 30s or 40s, told the waiter, "I've been waiting for f****** half an hour — how long do I have to wait? All I want is a couple of beers and a hamburger."
The juror then took a bottle and hit it on the table in disgust, Deputy Jessica Vergara told Gaughan.
He told the deputies "You guys have been monitoring me all day so you know I'm not drunk," Vergara said.
Deputies said they told the man to calm down. They took him outside and at one point the man raised his hand behind his head in a manner that caused a Lieutenant working for the sheriff's police to step back.
The man was "talking to himself, but I couldn't understand what he was saying," one deputy said.
The male jurors were slated to share hotel rooms last night but the angry juror was given his own room following the outburst, deputies said.
Gaughan called the juror before the bench on his own after hearing the deputies' accounts.
The juror laughed as he told the judge that he was frustrated with the time it took to get served and that he had been feeling "claustrophobic" when he made his outburst.
Gaughan responded, "Why are you laughing?," adding, "Do you have a mental problem?"
The juror said he did not, vowing that he had not intended to intimidate other members of the jury and saying that he could continue to deliberate respectfully.
Gaughan then called the other 11 jurors back in and sent the juror who made the outburst out. After five minutes private discussion, the other 11 jurors said they were happy to continue with the man who made the outburst.
Prosecutors initially asked the juror to be excused, but soon relented. Kelly's attorneys said they wanted the man to stay on the jury. Gaughan ruled the man could stay on the jury.
During jury selection at the beginning of the trial the man said he owned a financial company. He said he once applied for a job with the state attorney's office 15 years ago and previously been involved in a child-custody case.