Prosecution: Back to court for LaMadrid murder trial

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Prosecution: Back to court for LaMadrid murder trial

CREATED Sep. 26, 2012

It's a case where the crime happened eleven years ago;  a mistrial was declared Tuesday in the Max Montijo LaMadrid murder trial.

Thirty-six -year-old LaMadrid is accused of killing 16-year-old Tanee Natividad in a drive-by shooting at a midtown Jack-In-The-Box back in November 2001.

Prosecutor, Mark Diebolt tells KGUN9 the plan is to head back to court. According to the Pima County Attorney's office, a court date will be set next week.

"We're going to try it the next time to clear up any reasonable doubt," said Diebolt.

Diebolt says a verdict could still be several months away.

In a statement released to KGUN9, defense attorney, Rick Lougee says, "I believe firmly in [LaMadrid's] innocence on the murder charge and I believe the evidence established that he was not the shooter that killed the girl."

Lougee says a re-trial is a waste of tax-payer money.

Meanwhile, LaMadrid remains in custody inside Pima County Jail. The same jury unable to reach a verdict on a first-degree murder charge, found LaMadrid guilty  on one count of shooting at a non-residential structure. The shooting charge carries a five to 15 year sentence.