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Jury deadlocks in
death of Rienzi man
Published Sunday, Oct. 11, 2009
By Angela Storey & Kenny Goode
The Banner-Independent
BOONEVILLE - Circuit Court Judge Paul Funderburk declared a mistrial in the culpable negligence manslaughter trial of a Jumpertown man Friday afternoon in Prentiss County Circuit Court after the jury could not agree on a verdict.
The trial of Benjamin Maldonado Jr., 28, of 445 CR 8401, Rienzi, began Monday. A Prentiss County grand jury returned an indictment against him stemming from the death of Shane Steen, 24, of CR 8470, Rienzi, in July 2007. Testimony showed an altercation occurred between the men concerning Steen's 4-wheeler parked close to the road on CR 8470 in the early morning hours of July 28, 2007, after the 4-wheeler quit running.
Testimony indicated Steen apparently thought Maldonado was trying to steal the 4-wheeler. Maldonado said he had stopped because he wanted to help out a neighbor. He said he took the seat off the 4-wheeler and Steen became irate. The men argued and scuffled. At some point Maldonado decided to leave, and after it appeared Maldonado was driving towards other people with Steen, Steen jumped on the running board of Maldonado's Escalade. Maldonado testified Steen was hitting him on the side of the face.
As events escalated, Steen slipped or fell off the vehicle, with the vehicle's rate of speed accelerating enough to "rip a lung out." Testimony showed Steen suffered three broken ribs, a fractured sternum and his lung was dislodged from his chest cavity.
Maldonado testified he left the scene and did not know how badly Steen was hurt and did not learn he had passed away until he went to his mother's house some time later.
Testimony showed Maldonado's brother-in-law took Maldonado's Escalade to his mother's house, which Maldonado said was to keep him from going back to fight with Steen a second time.
Maldonado's attorney, Ron Michael, asked Maldonado, since he had two years to think about this, "What would you have done differently?"
"I don't know if there's anything I could have done differently. I tried to explain myself ... he just wouldn't have it," Maldonado said.
Upon cross examination, Assistant District Attorney Arch Bullard mentioned the question Maldonado's attorney had asked him concerning what he would have done differently. "Couldn't you have just left?" the assistant district attorney asked. "I was trying to leave, sir," Maldonado responded.
The jury began deliberations around 11:47 a.m. Friday. At 2 p.m. the jury, composed of seven men and five women, told the court the vote was 11-1. Judge Funderburk sent them back to deliberate again and they returned at 3 p.m. After deliberating for approximately three hours, the jury spokesman told the court the jury continued to be at an impasse and did not expect to reach a verdict.
"The court has no choice but to take the jury at its word and declare a mistrial because of that," Judge Funderburk said.
Members of Steen's family sobbed after the mistrial was declared. Maldonado was represented by Booneville attorneys Ronald Michael and Seth Pounds. The case was prosecuted by Assistant District Attorneys Arch Bullard and Tyler Moss.
After the mistrial, Bullard said he would not know if the case would be tried again until after he talked with Steen's family.
