7 jurors discuss mistrial in Tizoc death

Seven jurors and an alternate said Friday they were leaning toward a guilty verdict of second-degree murder against two young men charged with killing a 17-year-old Modesto girl in a 2004 drive-by shooting. A judge declared a mistrial Thursday.

An exhibit the jury was not supposed to see was somehow placed among other exhibits in the deliberation room, Mike Tozzi, Stanislaus County Superior Court executive officer, has said.

The jurors gathered Friday evening to share their disappointment in the outcome and their hope for another trial for Pedro Castillo, 19, and Rigoberto Moreno, 20, both of Modesto, in the death of Ernestina "Tina" DeJesus Tizoc.

The Johansen High School student was killed by a bullet from a passing car as she sat under a gazebo in Oregon Park in Modesto.

Juror Kevin Davidson, 51, of Patterson said most of the 12 jurors were leaning in favor of a guilty murder verdict. "At what degree, we had not decided yet," he said. On Thursday, two other jurors said the prosecution had not convinced them.

The defendants were tried on charges of murder, conspiracy to commit murder and participating in a criminal street gang.

To reach guilty verdicts, the jury would have to believe that Castillo and Moreno were aiding and abetting the alleged shooter, Edgar Barajas, 20, of Modesto and driver, Jesus Rodriguez, 19, of Patterson.

"We weren't sure (Castillo and Moreno) were involved in the planning of the murder," Davidson said.

The jury had been in deliberations since Tuesday. The trial began in November, and juror Jim Cole, 66, of Hughson said they were ready to stay as long as it took. "I'm sure a just verdict would've come out of us," Cole said.

Barajas and Rodriguez are to be tried separately. A fifth suspect, Mario Garcia, 21, of Modesto was expected to gain his freedom after testifying at both trials. All five remain in custody.

It will be up to Stanislaus County Deputy District Attorney Thomas Brennan to decide whether to refile the case; a court date has been set for Feb. 5.

Juror Karen Wilson, 55, of Ceres said she hopes Brennan will refile. She said Tizoc's mother deserves justice.

"I feel really bad for the mother," Wilson said. "And now she has to go through another trial."

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.

This story was originally published December 22, 2007 at 2:16 AM with the headline "7 jurors discuss mistrial in Tizoc death."