COLORADO — Following the conclusion of his first trial in June, which resulted in a mistrial, a man from Pueblo County is currently facing homicide charges for the second time this week. Patti Magby, who was 73 years old at the time of her death, was shot and killed by Max Struck, who is now 35 years old. Max Struck is charged with first-degree murder in connection with Magby’s death. Struck has admitted to shooting Magby, but throughout his first trial, he contended that the shooting was justified since it was in self-defense. After more than two days of jury deliberation, Struck’s first trial was terminated after attorneys from the 10th Judicial District Attorney’s Office and the Colorado public defender’s office met behind closed doors to address an unidentified “juror issue.” This occurred after the jury had been deliberating for more than two days. After that, there was a mutual decision to call a mistrial.
On the evening of October 21, 2022, struck fatally shot Magby outside of his home located in the 4700 block of Bergemann Road in the rural southwest corner of Pueblo County. During the first trial, Deputy District Attorneys Anne Mayer and Suzanne Marsh argued that struck acted willfully and knowingly to kill Magby. They claimed that Struck’s actions were premeditated. In order to establish that struck was guilty of first-degree murder, the prosecution pointed out that he had taken the time to arm himself, take aim, and fire a total of seven rounds, during which he had struck Magby twice: once in the ankle, and then once in the stomach. Both James “David” Henderson and Tilyn Bell, who work for the public defender’s office, maintained that struck acted in self-defense.
Bell underlined in her closing statement during the first trial that Struck’s residence was “20 minutes from anywhere,” including the possibility of rescue by law police. She also alleged that struck was alone the night that Magby trespassed on his property, in the dark, with a blood alcohol level of.155 over twice the legal limit to operate a motor vehicle in Colorado with two loaded pistols in her vehicle, as well as two prescription medicines were present in her system. She also stated that struck was driving while under the influence of both of these substances. The selection of jurors is planned to start on Tuesday, and the trial is expected to last for a total of three weeks, concluding on September 22.
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