Oct 28, 2020

Another mistrial for marijuana robbery case

 


A Mendocino County Superior Court jury returned from its deliberations on Monday morning, October 26th, to announce it was hopelessly deadlocked and would not be able to reach unanimous verdicts.

After consulting with the prosecutor and the three defense attorneys, Presiding Judge Ann Moorman declared a mistrial.

After the members of the jury were thanked and excused, the parties were ordered to return to court on November 13, 2020 to receive notice of whether or not the District Attorney has elected to pursue a second retrial in front of a new and different jury.

Per protocol, the District Attorney, the trial prosecutor, and senior office prosecutors will meet and discuss the procedural and factual history of the case, the conflicting juror splits from both the first trial and the retrial, all available evidence, additional investigation, if any, and other pertinent information. District Attorney Eyster will be the final arbiter of whether or not to seek a second retrial.

Defendants Nathan Dominic Kurtz, age 26, of Petaluma; Azuriah Paul, age 26, of Forestville; and Shane Christian Waier, age 26, of Capitola, remain charged with first degree robbery in concert with two or more others, along with certain special allegations relating to firearms.

The law enforcement agencies that were involved in the investigation of this July 2019 case continue to be the Mendocino County Sheriff’s Office, the Mendocino Major Crimes Task Force, and the District Attorney’s Bureau of Investigations. 

The attorney prosecuting the three defendants is Assistant District Attorney Dale P. Trigg.

Mendocino County Superior Court Judge Keith Faulder presided over the five-day trial.

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