Wyoming to Retry Adrian Maggos in Attempted Murder Case Following Mistrial

Adrian Maggos, 28, faces a second attempt by the State of Wyoming to convict him of attempted second-degree murder, Cowboy State Daily reported Thursday.

The state announced its intention to retry Maggos following a mistrial that ended his four-day trial on Nov. 6. Prosecutors are now focusing their efforts on locating a key witness whose testimony could fundamentally shift the case.

Laramie County Assistant District Attorney William Edelman requested at a status hearing Thursday that the retrial not begin for at least two weeks. This delay is intended to allow law enforcement time to find Parres Mondragon, Maggos’ ex-girlfriend.

Mondragon, who has been charged with contempt of court for failing to respond to a subpoena, is considered a critical witness for the state. Her account of the events leading up to the shooting of Matthew Kerlee, 31, remains central to the prosecution’s theory.

The night of the shooting

The incident occurred on April 30, beginning when Kerlee and Mondragon were drinking at a bar. According to testimony from the first trial, Mondragon asked Kerlee for a ride to Maggos’ house around 4:15 a.m.

Detective James Eddy, the lead investigator, testified that Mondragon had sent Maggos threatening texts that night, including a demand that he be outside when she arrived or they would break his windows. Kerlee testified that after they arrived, Mondragon jumped from the vehicle and immediately entered into a verbal altercation with Maggos.

The situation escalated into a physical struggle. Kerlee testified that after Maggos pushed Mondragon against a car, Kerlee threw a punch at the defendant, which missed. Witnesses told police the two men then wrestled on the ground, with Maggos gaining the upper hand.

While neighborhood door cameras captured audio of the fight, the specific moment of the shooting remains a point of contention. Kerlee reported that he blacked out during the struggle and does not remember the initial shot. However, he said that a second shot hit him in the chest roughly 20 seconds later.

Following the shots, Maggos allegedly walked up to the downed Kerlee and struck him with the firearm, causing a gash to his head. Police later found Mondragon hiding in a window well across the street, where she had reportedly fallen asleep.

A deadlocked jury

The first trial ended without a resolution because the jury could not reach a consensus on either attempted second-degree murder or the lesser charge of attempted voluntary manslaughter. After 13 hours of deliberation over two days, the panel sent a note to First Judicial District Judge Nathaniel Hibben stating, “The jury is stuck.”

An hour and a half after the judge urged them to continue, the jurors sent a second note: “The jury has unanimously decided that further deliberations would not be productive without compromising each individual’s judgment.”

This deadlock forced a mistrial. The stakes for Maggos are high; if convicted, he faces a sentence ranging from 20 years to life in prison. He has spent the last 177 days at the Laramie County Detention Center under a $250,000 bond.

Arguments over self-defense

Defense attorneys Stacy Kirven and Cassie Craven have maintained that Maggos acted in self-defense because he feared for his life during the confrontation. They argued that Kerlee was in an alcohol and drug-fueled rage when he attempted to strike Maggos.

Medical evidence and police testimony present a more complex picture of the violence. Kerlee’s blood tests at the hospital were positive for alcohol, methamphetamine, fentanyl, and THC. Emergency surgery revealed the bullet traveled through his chest, hitting his diaphragm, stomach, and colon before exiting his back.

Prosecutors have challenged the self-defense claim, with Assistant District Attorney Steven McManamen questioning the logic of Maggos fearing for his life due to threats of broken windows. The 9-mm pistol used in the shooting is still missing. While Maggos’ brother provided a 9-mm weapon from the family home, testing by the Wyoming State Crime Lab determined it was not the weapon used in the crime.

Timeline for the retrial

Judge Hibben addressed concerns regarding the defendant’s right to a speedy trial, noting that because the first trial occurred before the 180-day deadline established by Wyoming Rule of Criminal Procedure 48, no violation has occurred. However, the court expressed a desire to move the case forward quickly.

The retrial is tentatively scheduled for mid-December. Judge Hibben has asked both the state and the defense to block out Dec. 14-18 to prepare for the proceedings.

As the legal teams prepare, the outcome of the case may hinge on whether Mondragon is located and what her testimony reveals about the intent and atmosphere of the confrontation.

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