Mistrial declared in 2022 Giovanni's Pizzeria slaying

A judge on Friday declared a mistrial in the case of a man accused of fatally shooting the owner of a popular Albuquerque pizzeria in 2022 after a juror was forced to drop out.

The mistrial means that family and friends of Rosario Zito likely will have to wait until at least April for the trial of Sylvan Alcachupas, 31, on charges including first-degree murder and two counts of armed robbery in Zito's shooting death.

Zito and several employees were locking up Giovanni's Pizzeria near San Pedro and Gibson SE when police say he was killed during a robbery on Aug. 20, 2022.

Prosecutors and defense attorneys seated a 12-person jury in the 2nd Judicial District Court trial that included no alternate jurors following a full day of jury selection. Attorneys typically select at least two alternates who listen to the evidence and can substitute if a regular juror drops out.

On Friday morning, a juror informed the court that he had mandatory military service and had to drop out, leaving only 11 jurors on the panel, attorneys said. The absence prompted Judge Jennifer Wernersbach to declare a mistrial.

Raymond Maestas, an attorney for Alcachupas, said attorneys started with 86 prospective jurors on Monday.

"Things sometimes happen that are beyond the control of the judge and the parties but the judge did the right thing here and her decision is grounded on controlling law in New Mexico," Maestas said in a written statement.

"The right to trial by jury is sacrosanct," he said. "Sylvan (Alcachupas) and his defense team remain strong and determined to exercise Sylvan's fundamental right to a trial."

Zito's employees told detectives they were closing up the shop shortly after 9 p.m. and were talking in front when a man approached with a gun and said "you are getting robbed. Empty your pockets on the ground."

After an exchange of words, Zito grabbed a gun from his car leading to an exchange of gunfire that resulted in Zito's death.

Minutes later, officers detained Alcachupas about two blocks east of the restaurant.