ALBUQUERQUE, N.M. (KRQE) – The trial for the man accused of murdering a beloved Albuquerque pizzeria owner was set to start on Friday, but before it could even begin, it ended in a mistrial.
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Sylvan Alcachupas is accused of shooting and killing pizzeria owner Rosario Zito after trying to rob him outside his restaurant three years ago. On Friday, the judge ordered a mistrial, saying they didn’t have the required twelve jurors, leaving the family disappointed. “It’s mixed emotions…I call it a… It’s been a roller coaster, it’s been 1228 days and counting now,” said Todd Kersting, brother-in-law of Rosario Zito.
That is how the family of Rosario Zito is reacting to the mistrial, before any arguments were even made. Sylvan Alcachupas is accused of shooting and killing Zito in 2022, while trying to rob him outside his restaurant, “Giovanni’s Pizzeria” near San Pedro Blvd. and Kathryn Ave. Alcachupas’ trial was set to start today, but Judge Jennifer Wernersbach declared it a mistrial, which KRQE News 13 has learned was due to a juror who was excused because of a mandatory military function. “We had 12 jurors after we picked jury selection, and this morning an issue arose with a juror, so that juror could no longer serve, so we did not have the required 12 jurors that we needed for the trial to continue,” said David Foster, DA Special Prosecutor.
The state’s prosecutor said they had no alternate jurors to replace the juror who could no longer serve…