RAPID CITY, S.D. – A judge who had earlier granted a mistrial for Barry Allman, a man accused of second degree murder in the August 2020 fatal stabbing of Lance Baumgarten, has denied the defense’s request for a mistrial for the prejudice.
That will allow prosecutors to seek permission to retry the case.
Judge Matthew Brown denied the defense’s request, made on the behalf of the 31-year-old from Box Elder. Allman is accused of fatally stabbing Baumgarten at an apartment on North 7th Street in Rapid City in the early morning hours of August 6, 2020.
With the judge’s denial making it possible for Allman to be retried, the prosecution has stated their intent to proceed with a new trial.