Mistrial declared in 2017 fatal shooting case
A man likely will be tried a third time for first-degree murder after jurors failed to reach a verdict in a seven-year-old shooting death case.
Raul Garcia, 41, was charged in 2022 for the killing of Juan Cedeno in 2017 and leaving his body at a West Mesa dump site. Garcia was also charged with armed robbery and tampering with evidence.
Judge Brett Loveless declared a mistrial Tuesday after the 2nd Judicial District Court jury couldn't reach a verdict on the murder charge. The panel voted 9-2 to convict Garcia.
Law enforcement was not aware of the killing until six months later, when Garcia's wife, 46-year-old Zuly Carillo, led officers to Cedeno's body, which was rolled into a discarded carpet near 98th and Central.
During the trial, Assistant District Attorney Guinevere Ice argued that Garcia fatally shot Cedeno in October 2017 before stealing Cedeno's black Hyundai Santa Fe and driving it for nearly a month. Afterward, Garcia and Carillo allegedly committed several armed robberies in Cedeno's vehicle. The pair allegedly robbed a Domino's Pizza, among other places, at gunpoint.
"They used that car as long as they could and a month later, they were in that car when they had contact with law enforcement," Ice said. "The defendant took the item by force. He certainly used violence or, arguably, force. Shooting someone twice is the use of violence or force."
It's the second time Garcia has been tried for Cedeno's killing. In March 2024, Judge Bruce Fox declared a mistrial after Garcia was hospitalized during the trial.
The 2nd Judicial District Attorney's Office plans to seek a new trial for Garcia, office spokeswoman Nancy Laflin said.
The validity of the sole witness, Carillo, was called into question by defense attorney Stephanie Gulley, who believed Carillo had ulterior motives for her testimony.
"Miss Carillo was sitting in custody for at least seven months," Gulley said in closing arguments. "She's got information, and she wants to sell it for her freedom, for her to stay in the country."
Carillo did not appear to testify and has a warrant out for her arrest. She testified in Garcia's 2024 trial.