ELKO, Nev. — Elko County’s district attorney says he plans to prosecute a 30-year-old Elko woman a second time on child abuse charges after a judge declared a mistrial earlier this week.
The Elko Daily Free Press reports District Court Judge Nancy Porter declared the mistrial Wednesday after a bailiff overheard at least two jurors discussing the evidence at the trial of Brandi Gallegos.
Gallegos and her husband, Brett Gallegos, were arrested in May 2016 on charges accusing them of abusing or neglecting their 2-year-old son. He pleaded guilty to one count of child abuse and was sentenced to a year in jail.
She’s accused of failing to seek timely medical treatment for the boy who had suffered multiple injuries, including a fractured elbow and six fractured ribs.
District Attorney Tyler Ingram told the newspaper he “absolutely” will seek a retrial.
Information from: Elko Daily Free Press, http://www.elkodaily.com