SAN ANTONIO – After an hourlong conference Monday morning with defense attorneys and prosecutors, 437th District Court Judge Lori Valenzuela declared a mistrial in the case of Joshua Gonzales.
“I have declared a mistrial in this case,” Valenzuela told the jury.
She made the call after interviewing a juror at the juror’s request.
He told the judge that during jury selection he had not disclosed that he has bipolar disease, PTSD and anxiety issues. He also admitted that he had alcohol abuse issues.
The judge ruled that he was not qualified to serve on the jury and excused him from jury duty.
Another juror in the case was dismissed last week after complaining of health issues.
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Monday’s juror dismissal left only 10 jurors and the judge with no choice but to declare a mistrial.
“This was a very unusual case, and I can tell you that I haven’t seen it before when we had to pick jury and a recess for a long period of time,” Valenzuela told the panel as she dismissed them after declaring the mistrial.
Gonzales was facing murder charges in the death of Mathew Bailey-Vo.
Bailey-Vo was shot to death in February 2014.
Gonzales admitted shooting Bailey-Vo but claims that he fired in self-defense.
“I’m a bit surprised. The trial just went in a crazy direction,” defense attorney Alan Brown said after the judge declared a mistrial.
Gonzales was granted a new trial that is scheduled to begin on Sept. 5.
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