Alamogordo – A judge has declared a mistrial in the case of a registered nurse who is accused of battery with a deadly weapon in an Alamogordo bar stabbing.
State District Judge James Counts says prosecutors should have shared a DVD recording from a police patrol unit with attorneys for defendant James King, who is accused of stabbing Javier Pacheco three times at the Palm Side Lounge on Jan. 24, 2008.
Pacheco's spinal cord was severed and he now uses a wheelchair.
A state District Court jury hung on five charges in the first trial but convicted King of resisting, evading or obstructing an officer and two traffic offenses.
The DVD, which recorded King's arrest, was delivered by Alamogordo police to the District Attorney's Office but it apparently was misplaced after the first trial.
Information from: Alamogordo Daily News, http://www.alamogordonews.com
Copyright 2010 The Associated Press.