A new trial will be scheduled after a mistrial was declared by a judge in Collier County Friday for a deadly hit-and-run case. A man stood trial, accused of killing a 13-year-old boy in an East Naples crash in 2017.
“This is a horrible tragedy,” Defense Attorney Lee Hollander said. “We just don’t believe there was a crime. The state does, and that’s what we’re going to hash out.”
A mistrial was declared in court for the case against Pedro Silva-Diaz, 34, who is accused of killing 13-year-old Shayden Colvin in a hit-and-run crash 18 months ago.
A jury in Collier County could not reach a verdict in the case against Diaz Friday, so the judge declared a mistrial after hours of deliberation.
The jury had to decide whether Diaz knew he hit Colvin or not. Diaz said he did not. Prosecutors argue that’s impossible.
Colvin’s family hopes for justice, as emotions ran high during closing arguments of the trial.
Prosecutor Mara Marzano described Shayden Cane Colvin as “a child, a son, a brother, a grandchild, a scout, a friend and so much more,” in court Friday.
Marzano told the jury the headlights on Diaz’s car worked, the intersection was clear, and video shows he stopped soon after the crash.
“He was more concerned with his own problems, the things that he was worried about — drinking beer, the fact that he doesn’t have a driver’s license,” Marzano said. “He was more worried about protecting himself.”
Diaz’s defense attorney argued Colvin’s tragic death does not mean a crime was committed.
“Things happen in life,” Hollander said. “Unfortunately, we have no control.”
Hollander argues Diaz did not know he hit Colvin. Instead, Diaz thought the tire in his car had a nail in it. Hollander also claimed Colvin was not in the crosswalk where Diaz is accused of hitting and killing Colvin.
“Ms. Marzano’s initial comment that Mr. Colvin was crossing the crosswalk — other than Ms. Marzano saying that — did you hear that from anyone else?” Hollander asked the jury in court.