Apr 1, 2013 7:55 PM
UPDATE: A jury has declared a mistrial for the second time in the first degree murder trial of Max Montijo LaMadrid.
Stay with News 4 Tucson and KVOA.com for updates.
Editor's note: The following is KVOA.com's coverage of the first hung jury back in September.
TUCSON - A jury in Tucson was unable to reach a verdict in the First Degree Murder trial of Max Montijo LaMadrid, accused of killing a teenager in 2001.
According to Pima County Superior Court officials, the jury was hung on LaMadrid's First Degree Murder charge, but found him guilty of shooting at an occupied structure.
LaMadrid is accused of killing 16-year-old Tanee Natividad in during a drive-by shooting in front of a fast food restaurant 2001. The teen was shot in the head, but police say she was not the intended victim.
LaMadrid was on the run for nine years before he was captured in Mexico.
In the courtroom, the victim's mother, Barbara Nunez, said she's waited over a decade to see LaMadrid stand trial for the murder of her only daughter.
Max LaMadrid sat in court and listened to the prosecutor as he told the jurors Tanee was an innocent victim. She was at the wrong place at the wrong time, and even though LaMadrid didn't know her or didn't mean to shoot her, he still killed her.
Prosecutor Mark Diebolt said, "He fired at least six times from his weapon. One of those bullets shattered the back window of Terrance Gooden's car, striking this innocent victim in the back of the head, killing her."
Defense attorney Richard Lougee said during the trial they would not argue that Max LaMadrid fired a weapon, he did, but he's not responsible for Tanee's death.
"We're going to prove to you that the state's own evidence - it's physical evidence and other evidence that we will bring will establish that the gun fired from this location (Jack in the Box) did not kill the 16 year old girl," he said.
A status hearing Tuesday will determine the future court proceedings for the LaMadrid case.