Mistrial declared for Fresno man accused of killing father of 5. What happens now?
A Fresno County judge declared a mistrial Wednesday in the first degree murder case of Eliseo Orozco, a suspected gang member accused of gunning down Juan Rangel, a 31-year-old father of five.
Police said Rangel was fatally shot by Orozco on June 28, 2018 as Rangel and his cousin Luis Rangel were driving by the Frank H. Ball community center at Inyo and Mayor streets in southeast Fresno.
Prosecutor Kelly Smith said there is no doubt he will retry the case. Orozco’s attorney was Mark Siegel.
Orozco, a suspected Sureño gang member, is accused by police of being the shooter based on witness statements. They said Orozco was at the recreational center when he saw the Rangels drive by. He allegedly rushed into the street, pulled a handgun from his waistband and began firing at the vehicle.
Orozco was facing a maximum of 82 years to life if found guilty of first-degree murder, attempted murder, plus enhancements.
The jury deliberated for four days before telling Judge John E. Vogt on Wednesday they were hopelessly deadlocked. Vogt assembled the jury back into the courtroom and asked them, one last time, if there was any way they might come to a unanimous decision if they had more time.
The jury and its foreman said no.
After the judge declared a mistrial, several of the jurors appeared emotional and exasperated. “It was very frustrating,” said one juror who asked not to be identified. “But we couldn’t change that one juror’s mind.”
A major sticking point for a few jurors was the testimony of three sisters, who were key witnesses for the prosecution. They were at the park the day of the shooting and provided detectives with important details, including identifying Orozco in a photo lineup.
But when they were called to testify in court, they were extremely uncooperative and blatantly told the judge they did not want to testify. At one point, the sisters’ mother scolded them from the audience. She shouted at them to answer Smith’s questions so they could leave.
“After that the juror did not think they were credible,” said the juror who asked not to be identified.
Rangel’s family members, who were in court Wednesday, were saddened by the mistrial.
“It has been really hard for Juan’s family to go through all of this,” said Debra Morales, Rangel’s mother-in-law. “They want this part of their lives to be over, but that door hasn’t closed yet. And they are going to have to go through this all over again with another trial.”
Orozco remains in custody at the Fresno County jail.
