Judge declares 2nd mistrial for man accused of causing constable’s death

A judge declared a mistrial in the trial of the man accused of causing the death of an El Paso County Constable Halloween Night 2014.

This is the second trial to end in a mistrial for Devon Huerta-Person. In December 2016, a judge declared a mistrial after the jury failed to reach a verdict deliberated for more than 10 hours.

The jury in the retrial was sequestered after failing to reach a verdict Thursday night. After deliberating all day Friday, the jury was unable to reach a verdict. Huerta-Person’s attorney told ABC-7 the jury was deadlocked 11-to 1 in favor of acquitting Huerta-Person.

“I was sad to hear what the verdict was,” said Constable Precinct 3 Hector Bernal, a long time friend of White.

Bernal said he felt like he got punched in the stomach after hearing the jury’s final decision

Investigators accused Huerta-Person of punching Constable Robert White. The law enforcement officer died and Huerta-Person, a 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.

During the first trial, eleven jurors found Huerta-Person “not guilty,” while a single juror found him guilty.

Prosecutors argue Constable White would be alive if Huerta-Person had not punched White.

Defense attorney Dolph Quijana said he didn’t consider this out come a victory.

“I’m disappointed, I’d like to see my client be found not guilty, like he is not guilty and start his life. It’s very difficult it’s very difficult for him to get a job when he’s got this hanging over his head,” Quijano said.

When asked about the possibility of a third trial Quijano said it was very unlikely.

“I’d be shocked if the DA made a decision to retry this case because under the facts and circumstances it would be a waste of time to do it again and it would be a big waste of tax payers dollars,” Quijano said.

The District Attorney’s office couldn’t say if they would try the case a third time saying, “they would need to sit down and evaluate the case again.”

Quijano said if the case isn’t retried the case would be dismissed and Huerta-Person can move on with his life.