Mistrial declared in murder trial tied to 2017 killing
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Modified
A judge halted a murder trial this week after the defendant, Raul Garcia, was hospitalized with a serious illness, his attorney said Friday.
State District Judge Bruce Fox declared a mistrial about a week after testimony began Feb. 29.
Garcia, 40, is charged with first-degree murder for allegedly shooting Juan Cedeno to death in 2017. Garcia allegedly rolled Cedeno鈥檚 body in a carpet and placed it at an illegal dump site on the West Mesa.
Garcia鈥檚 attorney, John McCall, told the judge this week that Metropolitan Detention Center officials had transferred Garcia to University of New Mexico Hospital on March 1 with an apparent case of pneumonia.
McCall said Friday he did not know if Garcia remained in the hospital. A status conference is scheduled for Wednesday in the 2nd Judicial District Court case.
Law enforcement officers had been unaware of Cedeno鈥檚 killing until six months after he was fatally shot and his body dumped at Central and 140th, a prosecutor told jurors in opening statements.
Jurors last week heard testimony from Garcia鈥檚 wife, Zuly Carrillo, who told police about Cedeno鈥檚 Oct. 29, 2017, killing and led officers to the site of his decomposed body.
Carrillo told jurors she was in Cedeno鈥檚 car at the time of the killing and saw Garcia draw a handgun and fatally shoot Cedeno with two gunshots.
Carrillo, 45, acknowledged that she received an immunity deal from prosecutors in exchange for her testimony.
Garcia and Carrillo were arrested on Nov. 30, 2017, after Albuquerque police observed them driving away from a Domino鈥檚 Pizza the couple allegedly robbed at gunpoint, according to federal court records.
Carrillo and Garcia were driving Cedeno鈥檚 car at the time of their arrest, a prosecutor told jurors.
