New trial set after Nevada County jury deadlock in T-Mobile robbery case
A 21-year-old man facing charges in connection with a November 2018 robbery of the Grass Valley T-Mobile store will face trial once again, after a jury deadlocked during his previous trial last month.
Brian 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.
Deputy District Attorney Cambria Lisonbee had argued at trial the crime was a robbery accomplished by use of fear. Mack’s attorney, Stephen Munkelt, maintained Mack simply ran inside the store as the others were leaving and scooped a cell phone off the floor before running back out. The jury deadlocked 11 to 1 during deliberations on Nov. 22, leading the judge to declare a mistrial.
During a Monday hearing to set a new trial date in Nevada County Superior Court, Munkelt told Judge Candace Heidelberger there had been “no flexibility” on Lisonbee’s part to reach a settlement.
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Lisonbee noted that Mack had been offered six years in state prison in return for a plea to one count of robbery, or seven years and four months for two counts of grand theft. If convicted on the robbery charge, Lisonbee said, he faces a maximum of 17 years.
Mack’s new trial is set to start Jan. 14. He is scheduled to be back in court on Thursday for a possible motion regarding custody and currently remains in county jail on a $200,000 bond.
To contact Staff Writer Liz Kellar, email email@example.com or call 530-477-4236.
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