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Deadlocked jury causes second mistrial in murder case
Elbert Thurman Turner Jr. stands as the jury walks in before testifying.
Published
Modified
BERNALILLO — After nearly six hours of deliberation Friday, the jury in the trial for Elbert Thurman Turner Jr., who is charged with two counts of first-degree murder and two counts of tampering with evidence, was deadlocked at the Sandoval County 13th Judicial District Court.
It resulted in the second mistrial of this case. The first mistrial was announced the first day of the trial back in December due to "missing discovery in the case".
The jury first let Judge George Eichwald know of their deadlock in the early afternoon but decided to try deliberating further. After another hour, they emerged unchanged in their disagreement.
There was no question of whether Turner was guilty, but the jury could not agree if he was guilty of first-degree murder, second-degree murder or voluntary manslaughter, according to Eichwald when questioning the foreperson of the jury, causing him to declare a mistrial. However, the jury did issue a guilty verdict for the two counts of tampering with evidence.
Turner, 47, of Rio Rancho, is accused of fatally shooting couple Renae "Marilyn" Benham and Jordan Green, both of Rio Rancho, in June 2023.
Throughout testimony in the trial from May 5-9, it was established that Turner and Green had argued about an all-terrain vehicle, more specifically payment for its mechanical issues after Green allegedly left the oil empty. The argument, according to Turner, escalated when Green allegedly threatened him with a gun the night before the shooting and again the morning of.
He claimed self-defense in his testimony May 8, saying both Green and Benham pointed Green's gun at him the day of the shooting, leading him to shoot them.
Prosecutor Chance Sousa argued that Turner's actions were not for self-defense but for his own self-interest. He said Turner treated the couple like "trash" by taking them out to the Rio Puerco, an unpopulated valley behind Rio Rancho Estates. "They were just garbage to him," Sousa said.
He doubled down, saying Turner actively sought out Green after their argument. He said Turner went home after the first argument, had all night, then came to Green's door in the morning with his own gun. He added that Turner shot Green at least six times. "And most of those were in the back as the medical examiner testified," he said.
In so many words, Turner's defense attorney Jonathan Schildgen stated in his closing arguments Friday that Turner acted out of necessity in an environment that requires people to defend themselves. He described the area where Turner resided, near the edge of Rio Rancho to the west, as "Mad Max" like.
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He asked the jury what they would do if someone was already pointing a gun at them when they opened the door, like Turner testified that Green had done. He acted it out, saying, "What if someone came at you like 'I'm going to f****** kill you'?"
The mistrial announcement was a very emotional moment for family of the victims.
Becky Green, a family member of Green, gave the Observer a limerick to publish.
"The Waiting. Peace, calm, gentle hearts, peace. A body is a shell," it reads. "He's not really here. Handled, examined, thoroughly, minutely viewed. A beating heart stopped before time. A time of living cut short, cut too short for loved ones to say goodbye. Goodbye my baby, my sweet boy. Eight times I say goodbye. Eight holes that pierced my heart. Eight empty holes waiting to be filled when I see you again."
The family of Benham did not respond to request for comment.
The parties in the case will now discuss next steps. The options are either to go through the trial process again or Turner pleads to the homicide charges. Since the jury already issued a guilty verdict for the tampering charges, they won't be under question in future proceedings.
