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CRIME
Jury deadlocked on second-degree murder verdict
Kruse found not guilty of first-degree murder
Published
BERNALILLO — After just a few hours of deliberation Jan. 15, the jury in the murder trial for Adam Kruse found him not guilty of first-degree murder but was deadlocked on the lesser second-degree murder charge.
The day prior, proceedings were put on hold due to a sewer line break caused by construction near the courthouse. Closing arguments and deliberation were postponed a day because of it.
Kruse, 59, of Rio Rancho, was arrested for the murder of Josiah Yazzie Dec. 10, 2024, on Dixon Meadows Drive in Northern Meadows. The incident was right next to Kruse's backyard.
Judge George Eichwald cleared the gallery after reading from the jury verdict form that they found Kruse not guilty of first-degree murder. This does not mean that he was found innocent, however. The jury hung on the next charge: second-degree murder.
This means the state could do a re-trial for second-degree murder. The defense motioned to have Kruse released from custody while waiting for the next trial.
The court was closed to press and the public, so additional details were not readily available. Eichwald polled the jury while the court was closed, but the results were not shared.
Prior to deliberation, defense and state lawyers gave closing arguments. The state argued that evidence was sufficient for a first-degree murder verdict.
The state's account of what happened based on testimony and evidence was that Kruse argued with the victim, warning him he had a gun and would "shoot his (expletive) face." They said Kruse then shot the victim with a shotgun, jumped the fence to his yard with the gun, hid it in his own living room, jumped the fence again unsuccessfully and injured himself, falling to the sidewalk after breaking the wood fence. This is where police found him.
The defense argued the case was mishandled from the start, referring specifically to a witness account that the suspect could not have been Kruse due to his age and health and the possibility of another person being on the run from the scene. They also referred to Kruse's own statements to police the night of the incident that he was hit by someone or something and didn't know what had happened.
The state argued this was addressed as not possible because the area was checked and police found no one else who could be a suspect, adding that Kruse's statements sounded more like excuses. They added that Kruse was found where the witness saw "someone" jump the fence and "disappear," so it was reasonable to believe that the suspect was Kruse.
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Jessica Martinez with the District Attorney's office responded to the outcome of the trial, saying the jury can only look at one degree of the offense at a time. If they are deadlocked on one, they have to stop, and a new trial will take place of the state chooses to pursue one.
"However, in this case the jury unanimously agreed the defendant was not guilty of first-degree, but could not unanimously come to a decision on second-degree murder, resulting in a hung jury. The state can no longer pursue the first-degree murder because he was found not guilty on first-degree murder, meaning the jury found the murder did not involve pre-meditation. However, the state can try again on the second-degree murder."
As far as the feel of the case, Martinez said it is always uncertain what outcome will be possible, adding that a hung jury is always possible.
"While we were hoping for more definitive outcome, we respect the jury’s decision," she said.
Had Kruse been convicted of first-degree murder, he could have been sentenced to the maximum of life in prison, which is 30 years in New Mexico. If he is convicted of second-degree murder, he could face, at most, 15 years in prison.
Defense attorney Heather LeBlanc has not responded to request for comment at this time.
Details of each day of the trial can be read on rrobserver.com.
