Kruse's next trial to be in September

BERNALILLO — After a jury deadlock in January, a man accused of murder will get a second trial, this time for second-degree murder.

Jury deadlocked on second-degree murder verdict

Kruse found not guilty of first-degree murder

Adam Kruse, 60, of Rio Rancho, was arrested in 2024 for the first-degree murder of Josiah Yazzie In the 600 block of Clayton Meadows. 

He will now be going to a second trial in September for second-degree murder. The January trial was declared as a mistral by the judge after the jury acquitted Kruse of first-degree murder and could not reach a verdict on the second-degree. According to court documents, the jury was evenly split on the second-degree murder verdict, 6-6.

In the meantime, defense and prosecution lawyers have filed motions that could impact the case and the community. The first motion filed by the defense, which was filed in January after the trial, demands Kruse's release pre-trial.

Kruse detained pre-trial

"Counsel for Mr. Kruse submits that the jury's findings at trial in this matter constitute a dramatic shift in the factors to be considered to detain a defendant ... and warrant Mr. Kruse's release," the defense's motion argument reads.

They also argue that Kruse had no violent criminal history that would suggest he would be a risk to the community.

The state's response to the motion argues that the court's initial ruling that Kruse be detained pre-trial didn't rest on the charge itself but the actions during the incident "such as  fatally shooting an unarmed stranger."

They argue that second-degree murder, while not first-degree murder, is still a violent crime and re-enforces the need for detention pre-trial. 

Additionally, the state states that there are no new circumstances that negate the detention order.

While court records only show that a detention hearing was held, the detention center records show Kruse is still detained.

The state filed a motion as well. In the last trial, the state had not received the ballistics lab report for the shooting and therefore couldn't present it as evidence.

The motion asks that evidence be included for the next trial because the report is now available.

According to court records, jury selection will occur Sept. 1.