A jury could not reach a verdict in the retrial of a Tucson man accused of fatally shooting a 16-year-old girl as she and a friend drove away from a midtown fast-food restaurant in 2001.

Max Montijo LaMadrid, 36, was on trial in Pima County Superior Court on first-degree murder charges for the second time in connection with the death of Palo Verde High School student Tanee Natividad.

The mistrial was declared Monday. It is too soon to say if LaMadrid will be tried again, prosecutors said.

LaMadrid's first murder trial also ended with a hung jury in September 2012. That jury did convict him of shooting at an occupied structure.

On Nov. 18, 2001, a fight broke out between two groups at a restaurant near East Speedway and North Swan Road as Natividad and her friend Terrence Gooden were leaving.

LaMadrid's friend was shot and killed, and LaMadrid began shooting at cars driving away from the fast-food restaurant.

Natividad was a passenger in Gooden's Ford Mustang and was shot in the back of the head. Six bullet casings belonging to a .40-caliber gun later found in LaMadrid's truck were found near the street.

LaMadrid fled to Mexico, delaying his trial.

Defense attorney Dan Cooper acknowledged LaMadrid fired his gun, but said his bullets did not strike the teen. He argued Natividad was shot during a subsequent, unrelated, gunbattle Gooden got into nearby.

Veronica M. Cruz

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