Patricia Sipes, 33, is on trial this week on charges of second-degree murder, kidnapping and aggravated arson in the November 2005 burning death of 45-year-old Barbara Valdez Lumsey of Albuquerque, the Valencia County News-Bulletin reported.

It's the second trial for Sipes who was acquitted in May 2007 of three counts of conspiracy in Lumsey's death, but state District Judge John Pope declared a mistrial when jurors couldn't agree on the remaining charges, the News-Bulletin said.

Two months after the mistrial, jurors told Pope they all had agreed Sipes was not guilty of first-degree murder but couldn't agree on a verdict of second-degree murder, and the judge then dismissed the first-degree murder count, the paper reported.

Prosecutors at Sipes' first trial said the defendant drove Lumsey's car with the victim bound inside the trunk to a location in Rio Communities where the car was set on fire, the News-Bulletin said.

Lumsey had been battered and held against her will for up to 10 hours at a Rio Communities home, then several people put the Albuquerque woman inside the trunk of her own Dodge Neon, doused it in lighter fluid and set the car on fire, according to testimony at the earlier trial.

The state Office of the Medical Investigator determined that Lumsey was still alive when the fire began, the News-Bulletin said.

Sipes is one of six people charged in connection with Lumsey's death and all but Sipes have either been found guilty by a jury or have reached plea agreements with prosecutors, the paper reported.

Angel Esquibel pleaded no contest last year to first-degree murder, kidnapping, four counts of conspiracy, aggravated arson, aggravated assault, aggravated battery and tampering with evidence, and he was sentenced to life plus 20 years in prison, according to the News-Bulletin.

Anthony Sanchez, 38, pleaded guilty to aggravated assault with a deadly weapon and conspiracy to commit aggravated assault, while 22-year-old Jessica Cavasos pleaded guilty to one count of conspiracy to commit kidnapping, two counts of tampering with evidence and one count of conspiracy to tamper with evidence, the paper said.

Both Sanchez and Cavasos, who have agreed to testify against their co-defendants, are still awaiting sentencing.

Sheila Bahney, 49, was found guilty by a jury of second-degree murder, kidnapping, conspiracy to commit kidnapping, aggravated arson, conspiracy to commit aggravated arson and tampering with evidence and is serving a 55-year prison sentence.

Her husband, 56-year-old Thomas Bahney, entered a no-contest plea in March 2007 to first-degree murder and was sentenced to life in prison, the News-Bulletin said.

Sipes' retrial, which began with jury selection on Monday, is expected to wrap up this week. 

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