ALBUQUERQUE, N.M. (KRQE) – In the trial for the man involved in the hit-and-run death of a seven-year-old boy outside of River of Lights in 2021, a witness testimony has caused chaos in the courtroom. Now, the judge is weighing if a mistrial should be declared in Sergio Almanza’s case.

The witness, Edgar Casas, admitted to jurors that he helped Almanza hide the ATV that hit and killed seven-year-old Pronoy Bhattacharya in 2021. However, Casas was not granted written immunity to possible charges tied to Almanza’s crime.

Almanza’s defense raised that issue in court on Thursday, August 24, and Casas asked for an attorney. Now, Almanza’s defense is concerned they will not be able to fairly cross-examine.

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“Mr. Casas undisputedly had no clue at all about that, and that is the whole problem. He wasn’t really testifying under that grant of immunity because he can’t be doing that if he doesn’t know about it,” said Defense Attorney Douglas Wilbur.

Before the trial started, prosecutors were supposed to file an immunity agreement for Casas – meaning he would not get in trouble for what he said on the stand. However, the state never wrote and filed that order, and Casas did not know about it.

The state argued that Casas should be able to go back on the stand, but the defense says they will be denied the right for cross-examination due to Casas now pleading the Fifth.

“Mr. Casas gave his testimony without compulsion. If he had been aware of the order, grant of use immunity, and within that order, I would’ve ordered that he provide testimony. If he were aware of that, if he had been served with that, had it have even been drafted and filed, then Mr. Casas would’ve known and would be compelled to give his testimony,” said Judge Brett Loveless.

To keep the case moving, the state called more witnesses to the stand, including two doctors. Casas and his attorney are expected to meet with both sides Friday morning. After that, the judge should make a decision on what happens with Casas’ testimony.