MIDDLEBURY — An Addison County District Court jury on Tuesday could not reach agreement on a verdict on a felony charge in the case of a Goshen man who was accused one year ago of shooting and wounding the estranged husband of a woman with whom he had become involved.
The case involved Jeffrey H. Young, 41, of Goshen, who on April 8, 2009, was alleged to have shot a man twice — once in each foot — during a confrontation on Dutton Brook Road in Goshen. Young was charged with a felony count of aggravated assault with a weapon and unlawful mischief in connection with the incident, which resulted in injuries that the shooting victim — Pedro E. Magana, 43 — continues to suffer from to this day, according to testimony delivered during the trial, which began last Thursday, April 22.
The trial featured three busy days of testimony before the jury and Addison County District Court Judge Cortland Corsones.
Addison County State’s Attorney David Fenster prosecuted the case, while Young was represented by attorney Michael Straub of Burlington.
Prosecutors argued that the shooting was an unwarranted act of violence while the defense argued that Young was acting in self-defense.
Fenster called nine witnesses, including the victim. The defense called two witnesses. Young did not testify.
Court records indicate that Young was at Kendra Magana’s home on Dutton Brook Road during the morning of April 8 when Pedro Magana — from whom she had been seeking a divorce — showed up, allegedly unannounced. Magana, according to Vermont State Police investigators, had flown in from Utah and had sought to speak with his wife about the split and retrieve some paperwork from the home.
Meanwhile, Young had been preparing to take Kendra Magana to Middlebury to get a restraining order against Pedro Magana when Pedro showed up at the Goshen residence and asked to come inside and talk, according to court documents.
Kendra Magana and Young told Pedro Magana that he was not welcome on the property and had to leave, according to court records. He did not leave, according to police.
Young ultimately opened the door and fired at Magana using a 9mm Sig Sauer handgun, according to authorities. Two shots hit Magana, one in each foot, according to Court records.
Young later fired a round into one of the tires on the car that Pedro Magana had used to drive to the Goshen home, allegedly to prevent him from leaving. He also took the keys from the car, according to police records.
The jury heard testimony until 10 p.m. on Monday, then received the case for deliberations on Tuesday morning, according to Addison County Deputy State’s Attorney Chris Perkett.
Members of the jury reported at 6 p.m. on Tuesday that they found Young guilty on the unlawful mischief charge related to the shooting of the automobile tire. But they told Corsones that they were deadlocked on a decision related to the aggravated assault charge.
Corsones asked the jury if further deliberations would help them come to a decision. Ultimately, since no decision could be reached, Corsones declared it a mistrial.
This means Fenster will need to determine whether to re-try the case. If the case is retried, the judge will set a new date for proceedings to be heard before a new jury.
Efforts to reach Straub were unsuccessful as the Addison Independent went to press on Wednesday.
A status hearing for the case has been set for June 15 at 2 p.m. at the Addison County Courthouse.
Reporter John Flowers is at [email protected].