Yavapai County Prosecutor’s Office has filed a motion with the Supreme Court to dismiss Cecilio Cruz’s second-degree murder charges.
The case opened less than two weeks ago after a Yavapai County jury failed to deliver a unanimous verdict after deliberating about ten hours.
District Attorney Sheila Polk said in a statement Tuesday: “The rules give the state 60 days to re-examine a case after the jury hung up. Rather than rushing to court with the same evidence, our decision is to ask the judge to dismiss the case unscathed. This means the state can recommence the murder of Marisol Gonzalez at any time in the future if and when new evidence becomes available. “
Marisol Gonzalez was 17 years old and more than 36 weeks pregnant at the time of her murder more than 23 years ago. Cruz was also 17 years old at the time.
Cruz was also tried for manslaughter since Gonzalez was pregnant with Cruz’s child Andrew.
“I am grateful to the Cottonwood Police Department for their diligence in pursuing this case. Cold cases are always difficult, ”said Polk. “My heart goes out to the Marisol family for the inability of the criminal justice system to help them come to an end in the death of their loved one. However, the book is not closed in this case. “
Prosecutors are asking anyone with information about Marisol’s death to contact Detective Tod Moore of the Cottonwood Police Department. He can be reached at (928) 634-4246.
Those who wish to remain anonymous can also contact Yavapai Silent Witness at 1-800-932-3232 or submit a tip online at yavapaisw.com.