Double murder trial ends in hung jury and mistrial

Jurors failed to reach a verdict Friday in the trial of a man charged in the 2018 beating deaths of a married couple in their West Side Albuquerque home.

Jurors hung 11-1 in favor of convicting Richard Alan Ross, 44, on two counts of first-degree murder, two counts of kidnapping and other charges.

Second Judicial District Judge Britt Baca-Miller declared a mistrial on the second day of jury deliberations.

Prosecutor David Waymire said Friday he was “very disappointed” by the outcome. The 2nd Judicial District Attorney’s Office plans to retry Ross on the charges, he said.

Ross is charged in the Dec. 2, 2018, beating deaths of John and Debra Embry, both 67, who were found with their hands and feet bound with zip ties at their home in the 6200 block of Sweetwater NW, near Montaño and Unser.

Jurors also failed to reach a verdict on charges of theft of a motor vehicle and two counts each of unlawful use of a debit card, identity theft and tampering with evidence.

Jurors heard from dozens of witnesses during the two-week trial, including from Ross himself, who testified in his own defense on Wednesday.

Ross met John Embry in October 2018 at the Metropolitan Detention Center while both were in jail for probation violations.

John Embry invited Ross, an Oklahoma man, to live at the couple’s home after Ross’ release from jail on Nov. 14, 2018, to perform repairs to the Embry home.

Prosecutors allege that Ross killed the couple Dec. 2, 2018, then fled to Oklahoma with the Embrys’ car, debit cards, cellphones and a flat-screen television. Oklahoma authorities arrested Ross several days later.

Jennifer Elwell, a DNA specialist in the Albuquerque Police Department crime lab, told jurors on Wednesday that two blood stains found on Ross’ shoes matched Debra Embry’s genetic markers to a high degree of probability.

Ross attempted to explain the blood stains in his own testimony. He told jurors that Debra Embry had helped him performing repairs when a staple “popped out,” striking her arm and causing her to bleed “profusely.”

Ross also testified that the Embrys were alive when he left for Oklahoma on Dec. 2, and that he had the couple’s permission to take their car, debit cards and other items.

Ross previously was tried in 2013 in the killing of James Sharpe, who was found beaten to death in 2011 in a Southeast Albuquerque motel room that Ross rented.

A 2nd Judicial District Court jury failed to reach a verdict in that case on a first-degree murder charge but convicted him of tampering with evidence and theft of a vehicle and credit cards.