A mistrial was declared before testimony began in a felony domestic battery trial.
On Tuesday, jurors were seated in the case against Jacob Angelo Massey, 37, but the trial stalled on the first exhibit and witness, which discussed Massey’s prior bad acts.
Massey is denying a charge of domestic battery with a prior felony conviction.
His previous felony conviction was the topic of regional media coverage after a January 2020 trial.
Jurors found him guilty after the survivor testified he choked her and held her down in the October 2019 altercation. At one point, she was able to get free and pick up a kitchen knife and when Massey came at her she stabbed him and he fled with life threatening injuries.
He was sentenced to up to 2-6 years in prison and released on parole on Jan. 3, 2022, according to Nevada Department of Corrections.
In this week’s case, Massey is accused of slapping the woman during a 911 phone call and pushing her into a bookcase on Nov. 2, 2022. According to court documents, dispatchers said they could hear the blow and deputies took pictures of a handprint on her face.
He denied the charges on Dec. 19, 2022, and an April trial date was set, but that was delayed until this week.
Massey went through two public defenders, and was set to defend himself. He sought a last-minute continuance of this week’s trial, but that was rejected by the judge.
On Tuesday, a third public defender, attorney Nadine Morton, was appointed to aid him and was able to get the mistrial declared by District Judge Tom Gregory.
According to court documents, Morton sought to impeach the main witness against Massey.
A Nov. 6 hearing was set to determine the status of the case and Massey was released from jail on his own recognizance after being in custody since April.
Prosecutors Nathaniel Smith and Jim Sibley told the judge they plan to try the case.