Emmanuel Mahtapene may only have himself to blame for a mistrial that at least temporarily put his attacker Jose Gerardo Andrade back on the street, according to one juror.
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“I was all in favor of conviction,” said Baruch Zohar. “But the way that guy acted (Mahtapene) put off the other jurors and some of the women said they felt that he was trying to intimidate them.”
Elko District Judge Nancy Porter declared a mistrial Monday after the jury of seven women and five men told the judge they were hopelessly deadlocked and could not reach a verdict.
Andrade, 34, was charged with two counts of battery with the use of a deadly weapon resulting in substantial bodily harm for cutting Mahtapene’s face and head in a bar fight in January 2011.
Omar Rodriguez a friend of Mahtapene, was also cut on the hand that night.
“I at lest thought the prosecution met the burden of proof,” Zohar explained. “But the victim’s behavior during the trial was awful.”
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According to Zohar, Mahtapene often stood in front of the jury room as the jurors filed by before and after breaks.
“I don’t know what he was trying to do, maybe he wanted to give us a close look at the scars on his face,” Zohar said. “But a lot of us felt he was trying to intimidate us.”
According to prosecutor Mark Mills, a female acquaintance told Mahtapene that Andrade repeatedly asked her to dance and Mahtapene told Andrade.
The two went outside at first arguing then pushing and then fist were thrown. In Andrade’s fist was a box-cutter knife and each blow he landed lacerated Mahtapene’s face.
Rodriguez tried to break up the fight and suffered a cut on his hand.
Defense attorney Jeff Kump argued that the Andrade acted in self-defense.
Andrade’s head was being kicked into the sidewalk, and the defendant believed he was in imminent harm, Kump said.
Jury foreman Keith Bettles reported to Judge Porter the jury was split 6-6 for Mahtapene and split 8-4 on the charges pertaining to Rodriguez.
“I think for the jurors who voted to acquit the defense did just enough to give them a reason.” Zohar added. “And the victim did the rest.”
According to Judge Porter’s office the district attorney will re file the same charges against Adrade and a new trial will be scheduled later this year.
