Jury in Huerta-Person trial unable to reach verdict; judge declares mistrial

A judge declared a mistrial after the jury in the Devon Huerta-Person trial deliberated for more than 10 hours Friday.

Huerta-Person was accused of punching Constable Robert White Halloween Night 2014. White later died and the former Fort Bliss soldier was charged with Capital Murder. That charge was downgraded to Aggravated Assault of a Peace Officer after the medical examiner found White died as a result of underlying medical conditions.

Eleven jurors found Huerta-Person “not guilty,” while a single juror found him guilty. There is no timeline for a retrial, prosecutors said after the judge’s ruling.

Huerta-Person, who is living in California, will remain out on bond while prosecutors decide if they want to proceed with a retrial.

Deliberations began Thursday afternoon, but the jury was sequestered at 6 pm because it could not reach a verdict. Jurors spent the night at a local hotel and were not allowed to use phones or watch TV.

During the trial, defense attorneys and prosecutors argued about whether Constable White died because of the alleged punch or because of pre-existing medical conditions.

Jurors heard from several witnesses Thursday before closing arguments began.

Defense Attorneys argued there were several inconsistencies from witnesses, including exaggerations about how many punches were thrown. The defense also argued there wasn’t enough evidence to prove Constable White was in fact punched that night and stated White died because of a “bad heart.

“I believe what they did was they failed to meet all of the elements that prove beyond a reasonable doubt Personally, I think the physical evidence, which doesn’t lie, it’s not subject to anybody’s interpretation, clearly shows that the constable fell forward and was never struck in the face by anybody,” Defense Attorney Dolph Quijano said.

Prosecutors argued there was a “lack of respect” for authorities from the group Huerta-Person was with that night. They stated there was no accountability from the defense and there was no remorse from Huerta-Person about Constable White’s death.