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Portales found not guilty of attempted murder in SV bar fight

By Shar Porier
Herald/Review
Published/Last Modified on Friday, Oct 31, 2008 - 05:20:04 am MST

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.



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:

    " Wa-ah, I was defending myself, I could not do it even with a knife and my buddy, wa-ah, I was the one attacked. Get real. You do not have to be a Monday morning quarterback to see that they did not present the evidence needed for a jury to convict, even though common sense says Mike and Randy did not stab each other. But poor pansy was just defending himself, even when he threw his clothes behind the diner. Maybe he will move in next door to one of the jurors and THEY can sleep better at night. "

    D.S wrote on Nov 2, 2008 1:03 PM:

    " NONE of the people responding to this article were THERE.All the info that you are getting is from the S.V paper, and I sorry to inform you that even your lovely S.V Herld can be Bias.I bet you love the Justice system when it goes your way,but think its horrible when true justice is served and an innocent man is not convicted "

    what happened in court wrote on Nov 2, 2008 1:14 AM:

    " What effects jury decision is what the judge allows in as evidence and testimony to consider, and then the instructions at the end. We weren't there so we don't know what the judge did or didn't allow. Obviously, without a conviction, the judge was liberal and denied much that would lead to a conviction. Maybe the glove didn't fit? "

    To Pauly wrote on Nov 1, 2008 3:44 AM:

    " Mike CLAIMS to have stayed in contact long enough to have RECEIVED "over 1000 stitches" worth of injury? Sounds like self-defense to me. On the other hand, let's pretend that Mike wasn't the aggressor; anyone capable of inflicting “1000 stitches” worth of damage, before Mike, even as slow witted as you’re trying to make him appear, if he had wanted to kill Mike, Mike would have been dead = “No INTENT to kill” thus INNOCENT of “attempted murder” in my book. The system appears to have worked. "

    nuklhead wrote on Oct 31, 2008 4:58 PM:

    " one juror was not aware such violence occured in Sierra Vista?? you should get out more often don't wait for your next jury summons to leave the house. "

    Pauly wrote on Oct 31, 2008 2:03 PM:

    " Maybe "Jury" should explain that to Mike. I'm sure he'd understand. NOT! "

    Jury wrote on Oct 31, 2008 12:27 PM:

    " It is easy for everyone to be a Monday morning quarterback. You read about it in the paper but you didn't have the same experience that the jury did. The jury is very limited in the amount of information that they receive. When every juror votes that the state couldn't prove its case and the state also lost the co defendant case on the same charge, clearly this is a weak case for the state. Sometimes things happen and the state just doesn't have the proof needed to get a conviction. The system worked! "

    Outrage wrote on Oct 31, 2008 10:05 AM:

    " Hopefully the next trial and jury will find Portales guilty of the 2 aggrevated assault charges; if not, both Portales and Garcia would have gotten away free and Micheal Ballentyne would have suffered much more than the disfigurement of his body. Best of luck Michael Ballentyne...3rd times a charm!!! "

    Pauly wrote on Oct 31, 2008 10:00 AM:

    " Figures, they got off. So Ballantyne must have cut himself up and bled all over those poor innocent fellas. Surprized Ballantyne wasn't charged for that. The court system and the jurors failed us. "

    WHAT THE HE wrote on Oct 31, 2008 9:54 AM:

    " WOW!! This is a sad day for Cochise County, if our county attorney can't get a conviction in this case our crime rate will soar. No weapon? how do these jurors suppose he got all those cuts? This Portales guy is going to be walking the streets very soon, sleep well Sierra Vista. "

    Grace wrote on Oct 31, 2008 9:34 AM:

    " I'm absolutely astonished at the comments of Peter Kelly stating the wounds were not life threatning and that its understandable why he would want to dump bloody clothes? Maybe because he was trying to hide the evidence, not save his face? Both Portales and Garcis are guilty and should be charged. "

    Juror wrote on Oct 31, 2008 9:34 AM:

    " What happened to Micheal was terrible and unfortunate. The prosection did not present enough evidence and witnesses to show Tyler had a weapon that produced the cuts to Michael with the INTENT to kill him, as per the instructions provided to the jury by the judge. Plan, intent, and belief would end in the death have to be present for a conviction of a 2nd degree attempted murdere. I do feel bad for Michael. "

    Torrie Ballantyne wrote on Oct 31, 2008 8:08 AM:

    " This makes me sick. I have no respect for the system anymore. If left in the hands of professionals, both of these punks would have been convicted for what they DID! Instead, when the charges are placed in the hands of commoners for a jury, peoples ignorance and imbalances shine right through and they let both of them go. I hope if I ever get in trouble that its presented to a jury so I can cry like a princess and blame it on my friend and get away with even ATTEMPTED MURDER!!! "

    Justice wrote on Oct 31, 2008 5:52 AM:

    " What a dumb jury, he slashes a man that needs a 1000 stitches, and the jury must have thought he was just defending himself. "

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