- Associated Press - Wednesday, October 7, 2015

LAS CRUCES, N.M. (AP) - A mistrial has been declared in the trial of a Las Cruces man accused in the 2012 death of a 21-month-old boy.

Prosecutors say one juror failed to appear for the second day of the trial Wednesday and two others were excused.

Defense lawyers exercised the defendant’s right to have 12 jurors present and the court had to declare a mistrial.

Prosecutors say they still want to try Dustin Castillo in the case. He’s facing two counts of child abuse resulting in death.

Castillo was caring for Mariano Hernandez in April 2012 and told police that the boy choked on candy as they rode in a car. The toddler died two days later.

Doctors say the boy had brain trauma, a skull fracture, a torn lip and numerous bruises.

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