Mistrial declared in San Mateo County homicide case

Mistrial declared in San Mateo County homicide case

A trial of a man accused of killing his estranged wife — with the couple’s 4-year-old child in the Daly City apartment at the time — ended Tuesday after the jury could not agree on a verdict, county officials said.

Eriberto Beltran-Arenas, a 38-year-old resident of Daly City, had been on trial for murder since early April, but jurors could not agree whether to find the defendant guilty of first degree murder, second degree murder or voluntary manslaughter, prompting a judge to declare a mistrial.

After deliberating since May 15, jurors on Tuesday asked Superior Court Judge Jonathan E. Karesh three questions about premeditation and heat of passion; the judge took the unusal step of allowing both sides to reopen closing arguments despite objections from the defense, according to the case notes of the San Mateo County District Attorney’s Office.

Following the second round of arguments and further deliberation, the jury said it was deadlocked.

Karesh polled the jury, finding that five favored finding the defendant guilty of first-degree murder; four jurors supported a verdict of second-degree murder, and three jurors were in favor of voluntary manslaughter, according to the case notes.

A June 10 hearing was set for the two sides to discuss the possibility of a new trial. Beltran-Arenas remains in custody on bail of $11 million.

On November 6, 2021 around 7:15 p.m., Beltran-Arenas arrived at the Daly City apartment of Lillim Orozco-Zelaya, his 26-year-old estranged wife, according to prosecutors. Orozco-Zelaya lived in the apartment with their 4-year-old child.

Beltran-Arenas confronted his wife about allegations of cheating, and Orozco-Zelaya’s roommate took the crying child out of the room.

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Several minutes later, Beltran-Arenas shot Orozco-Zelaya first in the leg then fatally in the chest, prosecutors said. The defendant then proceeded to break down the door to the bedroom where the roommate and child were hiding, aiming his gun at them.

After yelling about why he killed Orozco-Zelaya, prosecutors said, Beltran-Arenas forcefully put his wedding ring on the roommate’s finger before leaving the apartment. He later called several of Orozco-Zelaya’s family members, including her mother, and allegedly told them he had killed her.

Beltran-Arenas was arrested by San Francisco police officers a short time later.