UPDATE: A jury in Gallup Monday morning found John Mayes guilty of murder in the second degree. The jury had deliberated for about eight hours on Friday and after two hours Monday, returned the verdict. State District Judge William Birdsall polled the jury and all agreed. Birdsall then said he wanted to meet with the jury.
"We still have more work to do," Birdsall said.
Below is the last story on the Mayes trial. Check back for an updated story on the trial and the verdict.
GALLUP — A jury on Friday found John Mayes guilty of all five lesser charges he faced, but stopped short of a verdict on the open count of murder.
The jury, which returned to the courtroom at 5 p.m., found Mayes guilty of aggravated burglary, tampering with evidence, unlawful taking of a motor vehicle, fraudulent use of a credit card and attempted residential burglary in connection to the death of Dr. James Nordstrom on June 9, 2011.
Those charges could carry a sentence of up to 16 1/2 years in prison, Chief Deputy District Attorney Brent Capshaw said.
But jury members told the judge that they are still deliberating the murder charge.
John Mayes, 20, is the adopted son of Farmington City Manager Rob Mayes. He is accused of beating Nordstrom to death with a pool cue stick. He was arrested the day after the doctor's death on June 10, 2011, while driving the doctor's car. Before that, he charged $3,000 on the doctor's credit card.
During the trial in Gallup, prosecutors argued that Mayes broke into the doctor's home in the Foothills neighborhood, waited for him and then bludgeoned him to death.
They played an audio recording of a police interrogation in which Mayes admitted to killing the doctor. Crime scene investigators also told the jury the pattern on Mayes' shoes appeared throughout the doctor's property, including where his body was found. Nordstrom's friends testified that on the day the doctor died, he planned to watch an evening basketball game. They also commented on the doctor's sexuality, saying he was heterosexual and dated women.
Mayes' defense attorneys argued that their client beat the doctor to death defending himself against the doctor's sexual advances.
They presented a polygrapher who testified earlier in the week that Mayes was truthful when he told police he was invited into the doctor's home and played pool with him. Other witnesses -- including a forensic psychologist and John Mayes' mother, Carol -- testified that her son suffers from Reactive Attachment Disorder and has difficulties attaching emotionally to people because of his turbulent upbringing in Ukraine.
Mayes' trial, which started Nov. 13, wrapped up Thursday, and the jury deliberated for eight hours on Friday before District Judge William Birdsall closed court for the weekend.
Jurors will return to court Monday morning to continue to deliberate the murder charge.
The jury said in court Friday that they were debating whether to convict Mayes of first- or second-degree murder. Jurors could find Mayes guilty of a first-degree murder charge if they were convinced Mayes deliberately intended to kill Nordstrom or if he killed Nordstrom during a violent burglary. The second-degree charge would result if the jury finds that Mayes knew his actions could result in a strong probability of death or great bodily harm to Nordstrom.
Occasional yells could be heard coming from the jury room throughout the day Friday as the jury debated.
"I think they are back there yelling at each other," Birdsall said about an hour and half before he ruled to pause deliberations for the weekend.
Late Friday afternoon, the jury asked the judge if two of the jurors could split from the others and have a private conversation.
"They cannot," Birdsall said. "No way deliberations can be piecemeal."
Capshaw said the aggravated burglary conviction means the jury found Mayes guilty of entering the doctor's home and arming himself with a weapon. He said that may mean a felony murder conviction, which carries a life sentence, could be forthcoming.
"They are arguing between first- and second-degree murder, and manslaughter isn't being considered anymore," Capshaw said. "They found him guilty of aggravated burglary, so it leaves the question: How are you even considering second-degree murder?"
Mayes' attorneys could not be reached for comment after court closed Friday.
When Birdsall read the jury's verdicts, he called the attorneys to the bench for a conversation.
He closed the evening by saying "there could be legal ramifications to this that we will deal with Monday."Ryan Boetel covers crime for The Daily Times. He can be reached at 505-564-4644 and email@example.com. Follow him on Twitter @rboetel on Twitter.