CAIRO, Ill. -- The murder case against Chauncey Hughes Jr. hit another snag Thursday as lawyers for both sides agreed to postpone his new trial until late January to allow a witness time to recover from surgery.

Hughes, 31, was charged with first-degree murder in the Nov. 1, 2013, shooting death of his wife, 22-year-old restaurant owner Heather Davis.

Hughes went to trial in August, but after jurors saw a cellphone message they were not intended to see, Judge Mark Clarke granted a defense motion for a mistrial.

The Aug. 22 mistrial ended a day of unexpected events in which one juror had to leave early for reasons unrelated to the case -- forcing Clarke to recall an alternate he had sent home earlier -- and another juror refused to deliberate or even discuss facts or evidence with the rest of the jury, saying she didn't believe either side.

Hughes had been scheduled for a new trial next week, but at a pretrial conference Thursday, Clarke said Alexander County, Illinois, State's Attorney Jeff Farris had filed a motion for a continuance because a material witness had undergone surgery recently, was not able to walk and was on prescription narcotics.

Heather Davis

Hughes' attorney, public defender Zach Gowin, said he and his client had no objection to delaying the trial under the circumstances.

Clarke set the trial for Jan. 27 to give the witness time to recover.

Hughes and Gowin maintain the shooting was an accident, but at the trial in August, Farris argued Hughes intentionally killed Davis after she told him she wanted a divorce.

The case has been peppered with oddities, beginning with an incident in June in which Hughes -- apparently frustrated with Clarke for denying a motion to suppress some statements he had made -- spoke sharply and overturned his chair as he left the courtroom. A few minutes later, one of his supporters became upset and shouted profanities on her way out of the courthouse, prompting Clarke to call for additional security during the trial.

During jury selection in August, a man was disqualified from the jury pool after suggesting Hughes should be lynched.

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