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Zachary Gutierrez
SANTA FE The 2018 case of a teenager accused of fatally shooting a Michigan man ended in a mistrial Tuesday morning shortly after the trial began.
First Judicial District Judge Glenn Ellington declared a mistrial during opening arguments due to “manifest necessity” in order to protect the Constitutional rights of a key witness in the case, who is facing federal charges in another case.
The defendant, Zachary Gutierrez, who was 17 at the time of the shooting, is facing charges of second-degree murder and tampering with evidence for allegedly killing 64-year-old Richard Milan of Kalamazoo, Michigan. In September 2018, Milan was walking his dog on Airport Road near Lucia Lane when he came upon a group of teenagers and was allegedly shot by Gutierrez after an argument.