Former Fort Bliss soldier's second trial in constable's death ends in mistrial

A mistrial was declared for the second time in the case against a former Fort Bliss soldier accused of contributing to the 2014 death of a popular West Side constable.

The mistrial was declared Friday by 384th District Court Judge Patrick Garcia after a jury was unable to reach a verdict in the trial of Devon Huerta-Person. The jury's note to the judge said they were hopelessly deadlocked.

The jury was deadlocked 11-1. No information was released on whether the 11 jurors voted guilty or not guilty.

“I am disappointed,” said Huerta-Person's lawyer, Adolfo Quijano Jr. “I would like to see my client be found not guilty, like he is not guilty, and let him go home and start his life. It is very difficult for him to get a job when he has this hanging over his head.”

Huerta-Person, 22, is charged with one count of aggravated assault against a public servant.

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The jury of seven men and five women deliberated for more than 13 hours over two days before the mistrial was declared.

State prosecutor James Montoya said a decision has not been made on whether the El Paso County District Attorney's Office will try the case for a third time.

“I am very disappointed that the jury wasn’t able to reach a verdict,” Montoya said. “Every time we take a case to trial, we are hoping to have some sort of resolution — both for the victims and the defendant. We are going to have some discussion about (retrying the case), so I don’t have a comment right now, or I can’t say one way or another how we are going to move forward.”

Huerta-Person was charged in connection with the death of Precinct 1 Constable Robert White at a Halloween event at the Terror Trail Haunted House, which was located near WinkeyDoodles Paintball Adventures in Canutillo and owned by the same people, early in the morning on Nov. 1, 2014.

This is the second time Huerta-Person has gone on trial in connection with White’s death.

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A different jury was unable to reach a verdict in Huerta-Person’s first trial after deliberating for more than 11 hours over two days. This jury was also deadlocked 11 to one to acquit Huerta-Person.

A mistrial was then declared Dec. 16, 2016.

Huerta-Person was part of a group being kicked out of the event when he allegedly got into a confrontation with White.

All witnesses except one testified at the trial that Huerta-Person was never seen throwing any punches at White.

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The one witness, an employee at the event, testified he saw Huerta-Person hit White with an uppercut, then land another punch to the constable’s face.

Montoya and co-prosecutor Amanda Enriquez argued that the alleged punches contributed to White’s death.

According to an autopsy report, White “died from unrelated health problems, including heart disease and high-blood pressure,” but “the injury White sustained was a significant factor in his death.”

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Quijano and co-defense lawyers Omar Carmona and Eric Meza argued throughout the trial that prosecutors have failed to even show that Huerta-Person threw punches that night.

They added that since Huerta-Person never threw any punches, he played no role in White’s death.

Gilbert Oporto was the only witness who testified that he saw Huerta-Person punch White.

“The only evidence they had that supported the state’s theory was a gentleman of the name of Oporto,” Quijano said. “Once again, 11 people didn’t believe him at all. It was 11 to one to acquit.”

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.

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