Mistrial Declared in 1994 Slaying

A jury Tuesday refused to convict a North Hollywood schoolteacher on murder and assault charges for the second time, apparently swayed by Denneth Thaddeus Jackson’s claim he had acted in self-defense.

The district attorney’s office has not decided whether to try Jackson a third time for the gang-related beating death of Julio Aguilar and beating of his brother, Jose Aguilar. The two were attacked by a crowd outside Jackson’s apartment complex in November 1994.

“We’re considering our options,” Deputy Dist. Atty. Lea Purwin D’Agostino said. “My recommendation would certainly be to retry him.”

The jury acquitted Jackson of the attempted murder of Jose Aguilar, but deadlocked on assault and murder charges. Alhambra Superior Court Judge Candace J. Beason declared a mistrial.

Jackson, who has testified in his own defense in both trials, denied being a gang member. Six co-defendants in the attack pleaded guilty to voluntary manslaughter and received 11-year prison terms. Only Jackson fought the charges.

Unlike the first trial, this time the majority of jurors believed Jackson was innocent and had acted in self-defense because one of the victims allegedly had a gun. The jurors split 7 to 5.

“The bottom line is that some of us believed there was a gun,” jury foreman William Chase, 53, said. “If you believe there’s a gun, he’s not guilty.”

In the first trial, jurors were deadlocked 11 to 1 in favor of conviction.

“Obviously, I’m disappointed,” D’Agostino said.

So was Michael White, Jackson’s defense lawyer.

“I’d hoped that he would be acquitted and it would all be over,” White said.

Prosecutors allege Jackson, a social studies teacher at Madison Middle School at the time of the attack, lived a double life as a member of a Reseda gang.

He was having a gang party the night the Aguilars were attacked, D’Agostino said.

The incident began when a drunken Julio Aguilar rammed his car into a van belonging to one of the party-goers, according to court records. Police were called and he was arrested.

But hours later, when the Aguilars returned home with their uncle, they stopped to check damage to the van, D’Agostino said.

Jackson allegedly pulled the driver, Jose Aguilar, out of the car and beat him. Prosecutors say Jackson and the rest of the group beat both brothers with fists and a 2-by-4, and kicked and stomped them.

Jose Aguilar suffered permanent brain damage, D’Agostino said.

Jackson testified he has repeatedly tried to get youths to get an education and leave gang life.

White, Jackson’s lawyer, said Jackson was the peacekeeper the night of the slaying, calming the crowd when Julio Aguilar crashed into the van. White also said the Aguilars did not return to look at the damage to their car, but were looking for trouble.

He said Jose Aguilar was armed and Jackson did not realize this until he was standing inches away and looking at a gun pointed at him. White said Jackson slapped the gun out of Jose Aguilar’s hand, then pulled him out of the car to keep him from retrieving the weapon.

D’Agostino counters the gun argument was a last-minute defense tactic.

“This defendant did not advise police about a gun until the start of the first trial, which was 15 months after the murder,” D’Agostino said. “You just don’t wait 15 months if you have a genuine issue of self-defense.”

Jackson’s relatives talked in somber whispers with White after the hearing Tuesday afternoon.

They declined to speak to a reporter, but White said they were unhappy with the outcome.

“They’re looking ahead that we’re probably going to have to do it again. Until we’re all the way home, he’s still in jail,” White said.