A mistrial has been declared in the first degree murder case of Xavier Thomas.
Special Superior Court Judge Jessica Locklear declared the mistrial this morning (Tuesday) after the jury reported being hopelessly deadlocked. Jury selection began in January, and was delayed briefly due to the winter storm. The trial lasted three weeks.
Thomas was charged in the shooting death of Julian Fipps in January 2023.
The deadlock came after four days of deliberations and multiple notes from the jury. One juror was replaced with an alternate Monday. Thomas will remain in jail under no bond pending a new trial.
Thomas was arrested in January 2023, days after Fipps’ body was found in his overturned Jeep on MM Ray Road. Fipps had been shot multiple times. Thomas was found in South Carolina after a joint effort by the Columbus and Brunswick sheriff’s offices, Whiteville Police and Horry County Police.
In 2025, Thomas was released on $400,000 secured bond, then arrested during a traffic stop in September of that year. He was found in possession of cocaine and marijuana, according to the sheriff’s office. Superior Court Judge Ashley Gore revoked his bond after that arrest.
The case was overshadowed by significant drama outside the courtroom.
Fipps’ grave was vandalized with dog feces and chicken feet at one point.
The case made news again after the release of evidence photos and telephone logs connected to the investigation by a third party. Calvin Norton, who released the documents on his personal Facebook page, did not reveal the source for the evidence. The sheriff’s office and district attorney denied releasing the materials. His defense attorney at the time refused comment. Evidence is generally kept secured until trial, with the exception of being released to defense counsel, or if a judge declares evidence should be released.
Norton was the subject of a request by Fipps’ family for a restraining order partway through the trial. Court documents show that the Fipps said. Norton was allegedly videorecording them outside the courtroom and behaving in an intimidating manner during the trial. The request was refused. Norton also commented on the case via social media throughout the trial, declaring Thomas’ innocence.
Around 75 supporters of the Fipps family attended court in recent days.
Jury selection was reportedly hampered by the wide distribution of the evidence photos, some of which showed Fipps’ body in his vehicle.
Norton said online that he has filed an ex parte emergency motion for a temporary restraining order in federal court to prevent the district attorney, Thomas’ defense attorney J.B. Lee, the courts, Sheriff Bill Rogers and Juan Fipps from “continuing actions that suppress, retaliate against, intimidate or chill Plaintiff’s rights under the First and Fourteenth Amendments to the Constitution.” Norton also filed a motion ordering Columbus County Clerk of Superior Court’s office to secure and preserve evidence from the trial, as is routinely done in any court case.
Thomas will remain behind bars until a new trial can be scheduled. He was defended by Geoffrey Hosford. Heather Payne Brittain and Michelle Morton represented the state.
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