Mistrial declared in case against ex-state cop
The prosecutor involved in the alleged DWI case of an ex-New Mexico State Police officer said he will retry the case following a mistrial last week.
The jury in the Daniel Barde trial failed to come back with a unanimous verdict.
On Aug. 8, jurors could not reach a unanimous verdict on any of the three charges against Barde, the ex-New Mexico State Police officer who was arrested on DWI charges in July 2011.
The jury disagreed on the DWI and the child abuse charge and found Barde not guilty of the open container charge after the two-day trial.
According to the police report, police found an empty alcoholic beverage in his personal vehicle.
Barde was indicted on one count of aggravated DWI, one count of a possession of an open container and one count of child abuse â€• a charge that was added when the 13th Judicial District Attorney's Office confirmed Barde's 3-year-old son was in the vehicle at the time of his arrest.
"Jurors don't really have to explain themselves, really," said Joshua Jimenez, an assistant district attorney assigned to the case. "But it will be tried again."
Jimenez said testimony from three New Mexico State Police officers wasn't enough for a conviction.
He said the officers who watched Barde perform sobriety tests believed the man was intoxicated. Barde refused a Breathalyzer and a blood test, which results in an automatic charge of aggravated DWI.
Police said Barde, who was off-duty at the time, had bloodshot, watery eyes and smelled of alcohol when officers pulled him over on July 5 on Interstate 25, near Mile Marker 190 in Belen.
Police said Barde, an officer who was stationed in Chama, performed poorly on field sobriety tests and shortly after, was booked into the Valencia County Adult Detention Center.
Jimenez said he expects a new trial date to be set sometime in the next four to five months. The assistant district attorney said the information from this month's trial can be used once the case is retried.
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