Homicide trial of Pueblo County man accused of shooting neighbor ends in mistrial
The jury trial of a Pueblo man accused of first-degree murder for fatally shooting his neighbor in October 2022 ended Tuesday in a mistrial.
Max Struck, 35, is charged with murder in the death of 73-year-old Patti Magby, who was shot and killed by Struck in October 2022. Struck has admitted to shooting Magby but argued throughout his trial that the shooting was in self-defense.
According to court documents, the mistrial was agreed to Tuesday when attorneys from the 10th Judicial District Attorney's Office and Colorado State Public Defender's office met, outside of the presence of a jury, to discuss a "juror issue."
Tenth Judicial District Attorney Jeff Chostner told the Chieftain he could not comment on the "juror issue," but expressed frustration at the resulting mistrial.
"I really can't comment, but I can express frustration with the people being ready for trial and a juror causes us to have to retry the case," Chostner said. "It is not fair to the defendant or the public. That said, we will retry the case."
Alby Singleton, head of the Pueblo public defender's office, also declined to comment on the case as it is still ongoing.
Both sides agreed to declare a mistrial, which came after more than two days of deliberation by the jury.
Colorado judicial news: Colorado court directive spells out new rules for virtual court appearances
Struck shot Magby on the night of Oct. 21, 2022, outside of his home in the 4700 block of Bergemann Road in rural southwest Pueblo County.
During the trial, deputy district attorneys Anne Mayer and Suzanne Marsh argued that Struck acted deliberately and intentionally to kill Magby. To justify the charge of first-degree murder, they noted that Struck took the time to arm himself, aim, and fire a total of seven rounds, striking Magby twice, first in the ankle and then in the stomach.
Public defenders James "David" Henderson and Tilyn Bell argued that Struck acted in self-defense.
In her closing argument, Bell emphasized that Struck's residence was "20 minutes from anywhere," including potential rescue by law enforcement. She also stated Struck was alone the night that Magby trespassed on his property, in the dark, with a blood alcohol content of .155 — nearly twice Colorado's legal limit to operate a motor vehicle — with two loaded guns in her vehicle and two prescription drugs also in her system.
Struck is scheduled for a pretrial conference at 1:15 p.m. on Sept. 1, with a second trial to begin on Sept. 5. The trial is slated to end on Sept. 22.
Questions, comments or story tips? Contact Justin at jreutterma@gannett.com.
This article originally appeared on The Pueblo Chieftain: Mistrial declared in case of Pueblo man accused of shooting neighbor
