Mistrial for man in Tucson teen girl’s 2001 killing

Pima County jurors convicted Max Montijo LaMadrid, 36, of shooting at an occupied structure, but could not reach a unanimous decision on the murder charge he faced.

Prosecutors are expected to announce next week if they will try LaMadrid in the death of Tanee Natividad again. He is facing between five and 7.5 years on the shooting charge.

On Nov. 18, 2001, Natividad was in the drive-through of the Jack in the Box near East Speedway and North Swan Road when a fight broke out between two groups, Deputy Pima County Attorney Mark Diebolt told jurors.

During the fight, shots were fired and LaMadrid's friend, Alfredo "Junior" Gonzalez, 23, was killed.

Diebolt told jurors LaMadrid retrieved a gun out of his truck and fired it at cars as they were leaving the restaurant's parking lot.

Natividad, who was a passenger in a Ford Mustang driven by Terrence Gooden, was struck in the back of the head and killed, Diebolt said.

Authorities linked six .40-caliber bullet casings found near the street with a .40-caliber gun found in LaMadrid's truck, Diebolt said. Friends of his also implicated LaMadrid in the slaying.

Defense attorney Rick Lougee told jurors LaMadrid did fire his weapon that morning, but the bullet that killed Natividad didn't match the trajectory those bullets would have taken.

Jurors heard evidence other shell casings were found blocks away from the Jack in the Box along with a gun owned by Gooden.

Lougee argued that Gooden lied about the route he drove that morning and got into a gunbattle with men he'd gotten into an altercation with earlier that morning.

Natividad died as a result of that gunbattle, not after being shot by his client, Lougee said.

A warrant was issued for LaMadrid's arrest the day after Natividad died, but he wasn’t taken into custody until October 2010, when Mexican authorities found him in Hermosillo.

Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com