The 6th Judicial District Attorney’s Office will retry a case against an Arizona man suspected of shooting and killing an Ignacio man more than 15 years ago.
During a status hearing on Friday, prosecutors announced their intent to proceed with a retrial after failing to reach a plea deal with Hendren’s defense team.
David Hendren, 39, was tried last month for the death of Larry Fuller, 49, who was fatally shot on Jan. 1, 2009.
The case ended Feb. 19 in a mistrial when jurors were unable to reach a unanimous decision after nearly two days of deliberation.
The cold case was reopened more than two years ago after witnesses came forward almost 14 years after the investigation had stalled.
The significant time gap between Fuller’s death and Hendren’s trial posed challenges for prosecutors while potentially strengthening the defense’s case, largely due to the fading memories of witnesses.
Prosecutors argued that Hendren shot Fuller after mistaking him for a man with whom Hendren’s brother had fought earlier that evening at the Sidekick Lounge in downtown Ignacio.
The defense said Hendren did not commit the murder and questioned the reliability of the prosecution’s key witnesses, arguing that the available evidence did not support the prosecution’s theory.
In an interview with The Durango Herald, shortly after the jury deadlocked, Fuller’s stepson, Chris Madril, said his family wanted justice for their father.
“We’d have to relive it all over again, sitting through another trial,” he said. “I mean, none of us want to relive it again, but we'll do it just so that we can get – I don't even know if you call it closure – but justice.”
The new trial is scheduled to begin Aug. 25 and is expected to last nearly two weeks.
District Judge Kim Shropshire is expected to preside over the case.
jbowman@durangoherald.com
