HUNG JURY: Mistrial declared in case of man accused of killing border patrol agent
The case against Hisaias Justo Lopez, accused of killing an off-duty Border Patrol agent by stabbing him in the eye after a bar fight, has been declared a mistrial.
Hisaias Justo Lopez, 39, faces one count of murder. A police affidavit released last year reads Lopez and Isaac Moralez, 30, the off-duty Border Patrol agent were in a bar fight May 20, 2017.
The jury of six men and six women wrote a note to Judge Gonzalo Garcia Friday saying they were unable to come to a conclusion with the given evidence. The judge then declared a mistrial, asking prosecutors to decide if they plan to retry the case or not.
The jury spent more than seven hours deliberating over two days. The jury had been deliberating for five hours Thursday before the judge sequestered them for the night.
The police affidavit reads Morales and his wife were walking out of a Far East El Paso bar when Lopez brandished a knife at the couple in the parking lot. Morales and his wife allegedly ignored the confrontation until his wife was struck by a car door.
Morales allegedly identified himself as a Border Patrol agent, but police said the fight continued.
Lopez “ran from the scene and was chased by the victim, his friend and other witnesses,” police said, “While being chased, the offender turned and stabbed the victim in the face.”
Moralez died of his injuries four days later.
The El Paso Times reports Lopez’s defense counsel argued the fight was started by Morales, who they say was drunk. The defense attorneys are reported to have argued Lopez was acting in self defense.
The court is still waiting for a decision from the prosecution on the future of this case. This article will be updated once a decision has been made.