Retrial in Tucson 'revenge killing' begins

The murder trial in the 2021 killing at a Tucson apartment complex began this week, three months after a mistrial in the case.

Gabriel Alejandro Pichardo, 18, is facing a first degree murder trial in the killing of Andres Guillermo Franco, 23. Pichardo, who was 16 years old at the time of his arrest, is accused of the fatal shooting of Franco on November 2, 2021 at an apartment complex near East 29th Street and South Swan Road, Tucson police have said.

During opening statements Tuesday in Pima County Superior Court, Deputy County Attorney Mark Diebolt described the incident as a “revenge killing.”

About four months before Franco’s death, Pichardo’s older brother, Felix Pichardo, was shot and killed by Terrayne Newsome in July 2021, Diebolt told jurors. Franco happened to be at the scene right after the shooting, he said.

Months later, Franco was at his stepfather’s along with his wife and two young children. There, he was approached by an individual who asked if he was Franco. The person then said, “this is for AP,” which was Felix Pichardo’s nickname, Diebolt said.

The gunman shot Franco multiple times then ran away. Franco died later at a local hospital.

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Diebolt also told jurors that officers tracked a phone connected to Pichardo, which placed him at the scene of the shooting and followed the same route the gunman took when he ran away.

Stephanie Bond, Pichardo’s attorney, told jurors that her client is innocent. Franco was helping Pichardo’s family and they needed him to testify in order to get justice for Felix Pichardo’s death, she said.

Footage shows the shooter jumping over a wall while fleeing, but when officers swabbed the wall for DNA, Pichardo’s DNA was not found, she told jurors.

Pichardo previously went to trial for the killing in June. On the second day of the trial, Judge Renee Bennett declared a mistrial due to late disclosure of evidence by prosecution.

The trial is scheduled to last eight days.