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A murder trial for the man accused in the 2012 fatal shooting of a smoke shop clerk will continue into Monday after a detour in the proceedings and a late-afternoon mistrial request on Friday left both sides unable to wrap up the case.

Yelfris Sosa-Hurtado is on trial in 3rd District Court on one count of first-degree felony aggravated murder and nine counts of third-degree felony discharge of a weapon in connection with the March 14, 2012, shooting death of Stephen Guadalupe Chavez, who was working behind the counter at CJ's Smoke Shop, 876 W. 800 South.

He's pleaded not guilty to the charges, but faces a possible prison term of 25 years to life, or life without the possibility of parole if he is convicted by the jury of six men and four women hearing the case.

Arguments in the five-day trial had been set to conclude Friday. But a statement by Salt Lake City police homicide Detective Michael Hardin that Sosa-Hurtado had invoked his Fifth Amendment right to remain silent upon arrest, sent the case off course.

Defense attorneys asked for a mistrial and said the remark — a response to a jury question that was asked through the judge — might prejudice the jury because it suggested Sosa-Hurtado may have something to hide.

Salt Lake County prosecutors countered that Hardin's response was an inadvertent misstep, not an intended inference to any guilt, and argued that the trial should proceed.

The Fifth Amendment of the Constitution protects individuals from self-incrimination and in the 1960s, the so-called Miranda warning was created to extend that protection to individuals being questioned by law enforcement. Invoking one's Miranda rights serves to halt any interrogation process and ensure the person being question is provided an attorney.

In a ruling from the bench about two hours later, Judge Denise Lindberg sided with prosecutors, saying she agreed with Utah appeals court rulings that found the mere mention that a defendant had invoked Miranda rights did not automatically establish a violation of any rights.

"I think it was an unfortunate, inadvertent statement," Lindberg said. "I do not believe (Sosa-Hurtado's) constitutional rights have been violated."

Lindberg also suggested giving the jury a "curative instruction" explaining that a defendant always retains the right not to speak to police. Defense attorneys rejected that proposal, saying it would call additional attention to the issue and were still trying to decide how to proceed.

Sosa-Hurtado had been slated to testify on his own behalf, but it was no longer clear whether that might still happen.

"I have no idea what to do with this," defense attorney Patrick Corum told the court. "I have no idea how to explain this or have (Sosa-Hurtado) talk about this right now. How it affects the case itself I have no idea."

The question from jurors centered on whether the 28-year-old former University of Utah student had explained marks and swelling on his face to police upon his arrest. Hardin said the question could not be asked because Sosa-Hurtado had invoked his rights.

The issue is important to the defense, which has argued the case is one of mistaken identity and the police had built their case on a series of witness statements that gave conflicting descriptions of the alleged shooter.

Prosecutors contend the motive for the murder was a fistfight outside the smoke shop between Sosa-Hurtado and Chavez, which left the accused killer's ego bruised.

In testimony, some witnesses said Sosa-Hurtado's face did not appear to be injured on the day of the shooting, despite claims he had been beaten by three men. Others, including police said they noticed some swelling and discoloration on Sosa-Hurtado's face in the days after the shooting. Hardin said both Sosa-Hurtado and his wife had dismissed the marks in an initial statement to police as the result of a bad reaction to medication.