CINDY ELLEN RUSSELL / CRUSSELL@STARBULLETIN.COM
A deadlocked jury led to a mistrial yesterday in Circuit Court in the pig killing case against defendant Joseph Calarruda, left, shown in court with Deputy Public Defender Travis Stephens, center, and Deputy Prosecutor Scott Bell.
Mistrial in pig’s slaying
A mistrial has been declared in the case of a Waianae man accused of killing a pet pig at a Mililani lychee farm nearly a year ago.
Joseph Calarruda, 28, was charged with theft of livestock, a misdemeanor, in the Oct. 22 death of 6-year-old Porky at Luka Pila Orchard.
Circuit Judge Richard Pollack found that the jury was "hopelessly deadlocked" after receiving several communications that they were unable to reach a unanimous verdict. The jury first notified the court that they were hung on Wednesday after a full day of deliberations. The jury deliberated yesterday, returned in the late afternoon and indicated that additional time would not help.
Pollack set a retrial for the week of Dec. 3.
Deputy Public Defender Travis Stephens declined comment, noting that a retrial was set.
Deputy Prosecutor Scott Bell said the state intends to retry the case. Jurors told the state that nine were in favor of conviction, two were undecided and one was for acquittal.
The jurors indicated they had hoped to hear from witnesses who could confirm or refute either side's version of the events. But those witnesses would have been Calarruda's buddies, Bell said.
Calarruda maintained at trial that he was at home with his fiancee at the time and was nowhere near Mililani on Oct. 22 or 23, when the 300-pound pig was killed.
Calarruda, born and raised on the Waianae Coast, testified he does not even know where Mililani is.
His fiancee, Rickelle Silva, also testified he was with her all evening, first at her parents' home for a late dinner and then at their Hanalei Street home. She also denied being in the Mililani area.
Three people who lived in a rental home on the 130-acre farm identified Calarruda in a photo lineup as the man who ran into their carport and stabbed Porky to death.
Two police officers testified they pulled over two pickup trucks not far from the lychee farm. In one truck the passenger identified himself as Calarruda and said the female whom police had stopped farther down the road in another truck was his girlfriend.
An acquaintance who was in the bed of the truck, Don Pogtis, testified at trial that he, not Calarruda, killed the pig and that Calarruda was not with them that evening.
The female in the other truck gave police another name, but the officer later identified her from a photo as Rickelle Silva.
Calarruda also is awaiting sentencing for being a felon in possession of a firearm and ammunition in July 2006.