A Mistrial Declared in Drug-Dealing Case

One day into the trial of a Santa Ana man accused of drug dealing, a judge declared a mistrial because several jurors may have discussed the case outside the courtroom.

Orange County Superior Court Judge Anthony Rackaukas dismissed the jury that had listened to opening arguments and one day of testimony on Thursday. Gustavo Bustos Chavez, 25, is charged with selling heroin.

Chavez’s jury trial was the first to result from September’s Operation Roundup, Santa Ana’s largest gang and drug sweep, which yielded 115 grand jury indictments on drug charges.

The dismissal Monday came after one juror “raised concerns,” which prompted an investigation into other jurors’ conduct, said defense attorney Frank Ospino.

Deputy Dist. Atty. Kimberly Menninger said the investigation showed that several jurors may have discussed whether Chavez has prior convictions.

To prevent bias or outside influences from tainting a jury’s verdict, courts prohibit jurors from discussing a case with anyone, including other jurors, until their deliberations begin. Rackaukas told the jury several times Thursday about the rule.

Much of Monday was spent trying to select a new jury. Menninger said that could take all of today and possibly part of Wednesday.

“It’s been a bad morning,” she said. “I just want to get this going.”

Chavez has prior felony convictions for robbery and assault and faces his third strike and a possible life sentence if convicted. In a separate case that is expected to come to trial immediately after this trial, he is charged with another robbery.