BISBEE — After a four-day trial, a seven-person jury found Tyler Bryan Portales Branham not guilty on a count of attempted second-degree murder stemming from a brutal fight outside of Paul’s Pub in Sierra Vista on Jan. 16.
The jury forewoman said the jurors could not reach a verdict on two charges of aggravated assault and they needed more evidence presented to make a determination of guilt or innocence.
Superior Court Judge James Conlogue told them, “I don’t want in any way to place pressure on you or coerce a decision out of you.”
He declared a hung jury.
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One juror, who did not want to be identified, said she found the crime “disturbing” and was not aware that such violence occurred in Sierra Vista. She declined to say anything else.
Portales, 25, is accused in the cutting of Michael Ballantyne, 22, during a brawl in the parking lot at the pub in the early morning hours on Jan. 16. Ballantyne suffered numerous slashing injuries across his face, neck, arms and torso that took more than 1,000 stitches and staples at the University Medical Center in Tucson.
Though Ballantyne testified that Portales and his friend Oscar Anthony Garcia caused the wounds, Portales said during his testimony that he did not know how Ballantyne received the wounds.
In August, Garcia was found innocent of the same charges Portales faces. As reported in the Herald/Review at the time, the jury found there was enough reasonable doubt not to convict Garcia on any of the charges.
Deputy County Attorney Marc Offenhartz also was the prosecutor in that trial.
During closing statements today, Offenhartz told the jury that enough evidence had been presented to find Portales guilty, even though no weapon had ever been found by investigators.
Offenhartz said Portales’ guilt hinged upon Ballantyne’s testimony of the fight, the dumping of his bloody clothes to hide evidence, and the fact Ballantyne’s blood was found on Portales’ shirt and in his truck.
Defense attorney Peter Kelly argued the wounds Ballantyne received were not life-threatening and that it was understandable Portales would want to dispose of his clothes and sneakers at 2:30 a.m. in the dumpster of an abandoned diner. He said Portales was humiliated by the fight and didn’t want to wear the clothes again.
Portales still faces a count of aggravated assault with a deadly weapon and a count of aggravated assault with intent to cause serious physical injury.
Portales did not want to comment on the jury’s finding, since another trial was pending.
That will begin at 1:30 p.m. on Nov. 24 with the selection of a second jury.
Herald/Review reporter Shar Porier can be reached at 515-4692 or by e-mail at shar.porier@bisbeereview.net.

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What wrote on Nov 4, 2008 8:26 AM: