Mistrial declared in Parlier murder case as jury deadlocks

FRESNO COUNTY, Calif. (KFSN) -- A Fresno County jury unable to reach a verdict after five days of deliberations in a murder trial.

The mistrial follows six days of evidence.

Prosecutors had called witness after witness as they made their case against Francisco Munoz.

They say he shot and killed Silvano Mendoza in Parlier nearly four years ago.

The incident was captured on video.

However, Munoz denied one count of murder and two counts of attempted murder.

His attorneys told the jury that he was framed.

Their argument seemed to create doubt.

"Maybe thinking about it a little bit more, is it still the foreperson's belief that you are hopelessly deadlocked?" asked the judge.

The foreperson responded, saying, "I believe we are hopelessly deadlocked."

Fellow jurors nodded their heads.

"Hopelessly deadlocked means they've tried over and over to talk about this," said Action News legal analyst Tony Capozzi.

'They've taken a number of votes, and the votes have not changed one way or the other."

Legal analyst Tony Capozzi says there was likely frustration in the jury room.

Action News is now learning the jury conducted at least four rounds of ballots.

There was little movement between them.

The final tally was eight guilty votes and four not guilty.

Munoz sat quietly as it all played out in court on Tuesday.

He is now due back in court next week as attorneys on both sides decide how to proceed.

His fate is still very much in prosecutors' hands.

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