Grass Valley T-Mobile robbery trial ends in hung jury
A Nevada County jury deadlocked 11 to 1 Friday during deliberations in a robbery case, leading the judge to declare a mistrial, authorities said.
Brian Mack, 21, likely will face a new trial for his role in the November 2018 robbery of the Grass Valley T-Mobile store, Assistant District Attorney Chris Walsh said.
Mack and three other men were arrested after they allegedly robbed the store on Nevada County Highway and fled in a Jeep. The other defendants accepted plea agreements, while Mack opted to go to trial on two counts of second-degree robbery.
Defense attorney Stephen Munkelt had argued Mack was not guilty of robbery or of using any force or fear, just of grand theft. Munkelt told jurors none of the men who came in the store showed weapons or made threats. Mack, he added, ran inside the store as the others were exiting, scooped a phone off the floor and ran back out.
Deputy District Attorney Cambria Lisonbee, however, argued the crime was a robbery accomplished by use of fear. Both employees inside the store were “too terrified” to move, Lisonbee said.
The jury deliberated for much of Friday before telling Nevada County Superior Court Judge Tom Anderson it couldn’t reach a unanimous verdict.
According to Walsh, 11 jurors believed Mack was guilty of robbery. The lone holdout indicated she did not want to find Mack guilty because of a concern over his punishment.
“My expectation is that we will re-try the case,” Walsh said.
Mack is set to return to court Dec. 2.
To contact Staff Writer Liz Kellar, email firstname.lastname@example.org or call 530-477-4236.
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