Mistrial declared in Huron murder case after unusual move by judge

FRESNO, Calif. (KFSN) -- An uncommon effort to debar a mistrial fails arsenic a assemblage inactive can't scope a verdict.

They could not hold connected however oregon if they would convict 21-year-old Andrew Leon for shooting and sidesplitting his then-girlfriend's parent -- April Diaz.

The justice made the antithetic determination to springiness attorneys connected some sides different accidental aft closing arguments to contiguous their cases.

The justice cited a 2007 California case, The People v. Edward Young, for his antithetic decision.

"In that case, the appellate tribunal expressly stated that the tribunal successful this case, it was a deadlock jury, could let further statement arsenic a means to interruption the deadlock," said Hon. James A. Kelley, Fresno County Superior Court.

Action News Legal Analyst Tony Capozzi said usually a antithetic attack is taken.

"I've ne'er seen it before, and I've been practicing for 50 years," said Tony Capozzi, Legal Analyst. "The justice usually says is determination immoderate transcripts you privation work backmost to you? Testimony you privation work backmost to you? Or spell backmost and truly look astatine each different and determine whether oregon not 1 of you tin alteration your mind?"

Leon antecedently admitted to shooting and sidesplitting Diaz successful November 2023.

Leon had gone to Diaz's Huron home, looking to talk with her daughter, his girlfriend, but Diaz refused to fto him inside.

That's erstwhile prosecutors accidental Leon changeable Diaz 11 times -- firing until his weapon jammed -- past moving away.

His lawyer erstwhile again argued helium acted successful self-defense, calling for a verdict of manslaughter.

"He's already pulled his weapon retired once, and each it did was get her mad," said Brendan Bergh, Public Defender. "She went backmost successful the house. The full lawsuit has ended, but she has present equipped herself and travel backmost out. He sees a knife, helium believes that deadly unit is necessary."

The prosecution repeated that Leon acted with intent to termination and asked the assemblage to regularisation the shooting was murder.

"Can you infer from the behaviour that the suspect intended to termination astatine the clip helium pulled the trigger," said Kendall Reynolds, Prosecutor. "Can you infer from that conduct? And successful this case, what is the behaviour that you tin usage to infer? Shooting 11 times? Location of the shots connected the body, and yet the result successful this lawsuit was death, right? "

Despite proceeding the arguments erstwhile again, the assemblage stood deadlocked, truthful Leon's destiny remains successful limbo.

The lawsuit heads backmost to tribunal connected July 24th for a Settlement Conference to fig retired however they'll determination forward.

For quality updates, travel Kate Nemarich connected Facebook, Twitter and Instagram.