Lead prosecutor delivers brief statement after mistrial declared in Erika Gaytan murder trial

UPDATE (04/08) : The lead prosecutor for the State, Habon Mohamed, delivered a brief statement this afternoon. She said an issue with the jury resulted in a mistrial. Mohamed said, "our trial team is ready to proceed." Once a new trial date is agreed to, the trial will be reset at the 409th District Court. Ricardo Marquez remains in custody. The lead prosecutor did not take questions.

EL PASO, Texas – A mistrial has been declared in the trial of a man accused of killing Erika Gaytan. Ricardo Marquez was accused in Gaytan's murder even though her body has not been found.

In this morning's opening statements, the prosecutors said Gaytan and Marquez were casually dating for about a month.

The State says Gaytan was last seen on the night of Saturday, July 13, 2019.

She and Marquez attended a concert at the El Paso County Coliseum.

The state says the last time her cell phone pinged was 2:19 a.m. the next day, Sunday.

The state says Marquez asked to borrow his brother's silver Jeep Sunday, and the Jeep was later seen in surveillance video driving toward the desert on Monata. An hour later, the Jeep is seen heading back to Marquez's home.

A police search warrant for the Jeep recovered samples from the vehicle that 4 months later came back showing Gaytan's DNA was found in the trunk.

“Erika was never in the trunk of that Jeep willingly,” said Samantha Nelson, prosecuting attorney.

Gaytan's aunt, Maria Elena Ruiz took the stand. Ruiz said Gaytan would never abandon her son. After not hearing from Gaytan, and going to the police, Ruiz was able to speak to Ricardo Marquez by phone. She told Marquez, "Tell me where you left her body."

Ruiz said Marquez said he didn't know what she was talking about.

A break was called at 10:21 a.m. Word for the mistrial came just after Noon.

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