ALBUQUERQUE, NEW MEXICO – An Albuquerque judge declared a mistrial Friday morning in the case of Sylvan Alcachupas, the man accused of killing Rosario Zito, owner of the well-known Giovanni’s Pizzeria. The decision came after an issue involving a juror, halting proceedings just days after the trial began.
A mistrial means the current trial is invalid and cannot continue, often due to problems that affect fairness—such as juror misconduct or bias. It does not clear the defendant of charges. Prosecutors can choose to retry the case with a new jury, negotiate a plea deal, or dismiss charges altogether.
The case stems from a deadly robbery on August 30, 2022. According to police, Alcachupas approached Zito and employees outside the restaurant after closing time, demanding tip money. Witnesses say a warning shot was fired before an exchange of gunfire. Zito was struck in the chest and head and died at the scene. Surveillance footage and witness statements led investigators to Alcachupas, who was arrested nearby.
Alcachupas faces a long list of charges, including first-degree willful and deliberate murder, three counts of aggravated assault with a deadly weapon, and two counts of armed robbery. Court records show he has prior felony convictions and a history of probation violations.
The trial, which began earlier this week, was expected to last about a week. With the mistrial declared, the case now resets, and prosecutors will decide whether to pursue a retrial.
