Mistrial Ruled in Oxnard Killing

A Ventura County judge declared a mistrial Friday in a murder case after the jury deadlocked on whether an El Rio gang member shot and killed an associate two years ago.

Rudy Mendoza, 27, was charged with murder as well as weapon and gang enhancements for allegedly shooting fellow gang member Anthony Rodriguez, 30, as Rodriguez sat in his car outside a tire store in north Oxnard on May 28, 2001.

The apparent motive was Mendoza’s belief that his family had been disrespected by Rodriguez. But the prosecution case was compromised when an informant who identified Mendoza as the killer refused to answer questions from the defense. Deputy Public Defender Todd Howeth urged jurors to reject the charges, arguing that evidence pointed away from his client and toward other gang members trying to frame Mendoza.

After five days of deliberation, the jury returned to court Friday split 6 to 5 with one juror abstaining. Superior Court Judge Kevin McGee declared a mistrial.

Senior Deputy Dist. Atty. Richard Simon said afterward that prosecutors would very likely try the case a second time.

Howeth said he was disappointed the jury did not acquit Mendoza, and believed the prosecution would face difficulties in trying the case again.

“I believe the two informants that the prosecution used violated their agreements by not telling the truth during the trial,” Howeth said, referring to two gang members who received consideration in pending criminal cases in exchange for testimony against Mendoza.

The lawyers are scheduled to return to court Jan. 5, when prosecutors will formally announce whether they will seek a new trial.