A mistrial was declared in the trial of a 23-year-old man accused of shooting and killing an off-duty Monterey Park police officer during a carjacking.
Carlos Delcid was facing a list of charges stemming from the fatal 2022 encounter, including murder, shooting at a vehicle, felon in possession of a firearm and second-degree robbery. But on Thursday, Los Angeles County Superior Court Judge Joseph R. Porras declared a mistrial after testimony in the trial this week disclosed to jurors that the victim, 26-year-old Gardiel Solorio, was a police officer, Delcid’s attorney confirmed.
Prosecutors and defense attorneys had agreed, in a motion filed by Delcid’s attorney, not to disclose to jurors that Solorio was an off-duty police officer, since it was not considered a factor in the crime.
Long Beach police Officer Robert Cruz on Monday was testifying in the trial and made a brief mention of hearing about a Monterey Park officer in the case, but was cut off by Deputy Dist. Atty. Geoff Lewin, City News Service reported.
According to court filings, Rick Sternfeld, Delcid’s attorney, argued in court for a mistrial because of the disclosure, but the judge disagreed.
Then on Thursday, a detective on the case told prosecutors he believed a recording played during questioning made mention of “off-duty,” which also prompted Delcid’s attorney to again request a mistrial.
Prosecutors argued against the motion but, according to court filings, the judge ruled in favor of Sternfeld’s motion.
Venusse D. Dunn, spokesperson for the Los Angeles County district attorney’s office, said the evidence made the judge concerned that the testimony and evidence may have led the jury to speculate about Solorio’s job as a police officer.
“The Court did not assign any bad intent to any of the parties, but did this simply as an extra precaution,” Dunn said in an email.
Sternfeld confirmed the judge declared a mistrial but declined to comment on the case.
Lewin, who was prosecuting the case, did not respond to a request for comment.
Solorio was a new officer with the Monterey Park Police Department when Delcid allegedly tried to take his car in a Downey parking lot on Aug. 8, 2022. Delcid was one of three people, including a minor, charged in the attack.
Gerardo Magallanes, who was also charged for the same crime, was sentenced to 24 years and eight months in prison on a voluntary manslaughter charge, according to court records.
Prosecutors allege Delcid got out of a vehicle and approached Solorio with a gun. Delcid allegedly shot Solorio five times at close range while Solorio was trying to flee by backing up his car.
Delcid was ordered to return to court Wednesday for a pretrial hearing.
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