Mistrial declared in Huron murder case after unusual move by judge

FRESNO, Calif. (KFSN) -- An uncommon attempt to avoid a mistrial fails as a jury still can't reach a verdict.

They could not agree on how or if they would convict 21-year-old Andrew Leon for shooting and killing his then-girlfriend's mother -- April Diaz.

The judge made the unusual move to give attorneys on both sides another chance after closing arguments to present their cases.

The judge cited a 2007 California case, The People v. Edward Young, for his unusual decision.

"In that case, the appellate court expressly stated that the court in this case, it was a deadlock jury, could allow further argument as a means to break the deadlock," said Hon. James A. Kelley, Fresno County Superior Court.

Action News Legal Analyst Tony Capozzi said normally, a different approach is taken.

"I've never seen it before, and I've been practicing for 50 years," said Capozzi. "The judge normally says is there some transcripts you want read back to you? Testimony you want read back to you? Or go back and really look at each other and decide whether or not one of you can change your mind?"

Leon previously admitted to shooting and killing Diaz in November 2023.

Leon had gone to Diaz's Huron home, looking to speak with her daughter, his girlfriend, but Diaz refused to let him inside.

That's when prosecutors say Leon shot Diaz 11 times -- firing until his gun jammed -- then running away.

His attorney once again argued he acted in self-defense, calling for a verdict of manslaughter.

"He's already pulled his gun out once, and all it did was get her mad," said Brendan Bergh, Public Defender. "She went back in the house. The whole event has ended, but she has now armed herself and come back out. He sees a knife, he believes that deadly force is necessary."

The prosecution repeated that Leon acted with intent to kill and asked the jury to rule the shooting was murder.

"Can you infer from the conduct that the defendant intended to kill at the time he pulled the trigger," said Kendall Reynolds, Prosecutor. "Can you infer from that conduct? And in this case, what is the conduct that you can use to infer? Shooting 11 times? Location of the shots on the body, and ultimately the outcome in this case was death, right? "

Despite hearing the arguments once again, the jury stood deadlocked, so Leon's fate remains in limbo.

The case heads back to court on July 24th for a Settlement Conference to figure out how they'll move forward.

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