A judge declared a mistrial on Wednesday in the case of an Annapolis man charged in an alleged hate-driven shooting after an altercation over a parking space that killed three men and injured three others in 2023.

Anne Arundel Circuit Judge J. Michael Wachs said the state’s attorney made “several transgressions” that tainted the testimony of Charles Robert Smith.

Smith, 45, who is white, was indicted in July 2023 and charged with six counts of attempted first-degree murder, three counts of first-degree murder substantially motivated by hate towards persons of Hispanic national origin, and other offenses.

An alleged altercation between Smith’s mother and neighbors over a neighborhood parking space preceded the fatal shooting on June 11, 2023, on Paddington Place in Annapolis. The victims, all Latino, were a father and son, Nicolas Mireles, 55, of Odenton, and Mario Mireles Ruiz, 27, of Annapolis; and a family friend, Christian Marlon Segovia Jr., 24, of Severn. Three others were injured.

More than two weeks into the trial, Smith’s attorney called for a mistrial, saying Anne Arundel County State’s Attorney Anne Colt Leitess mischaracterized evidence and brought up facts the judge ruled to be irrelevant to the case. Smith’s attorney also said Leitess suggested Smith was making up statements while on the stand.

When Smith took the stand Tuesday, Leitess brought up a jail call where Smith said he wanted to get his mother evaluated and diagnosed with Alzheimer‘s disease. Leitess said Smith was attempting to prevent his mother from testifying because her recollection of what happened the day of the shooting is different than his.

Smith’s attorney said Leitess’ questions were “highly prejudicial,” and that Smith was worried for his mother’s safety. Smith’s attorney said Leitess “created an atmosphere where the defense was being attacked.”

Leitess, however, said Smith was hostile towards her during his testimony, cursing at her and repeatedly berating her.

“His behavior at the stand is why they [Smith’s attorney] are asking for mistrial,” Leitess said.

Wachs said Leitess violated several rules of evidence and he had “no choice” but to declare a mistrial. The case isn’t likely to be heard again until 2026, the judge said. For several minutes, Leitess asked the judge to reconsider, arguing that declaring a mistrial was an extreme response.

Wachs said he was not making this decision lightly. He added that he recognized the trauma a mistrial will continue to cause and apologized to the victims’ families, the victims, Smith and taxpayers.

“It’s a shame all around,” he said.

After the trial, relatives of the victims were distraught, with their cries echoing in the courthouse halls. Harcinia Ruiz, Mireles Ruiz’s mother, sat in front of the courtroom. She was silent at first, then wailed for several minutes.

Christian Segovia, the father of Segovia Jr., said he was thankful for Leitess and disappointed by the judge’s decision, though not entirely surprised. Segovia said he was unsure what he’d say to his grandchildren, Segovia Jr.‘s son and baby daughter.

“I really don’t know,” he said. He considered for a few moments. “I guess, injustice,” he said.

Mass shooting in Annapolis

Before the start of the trial on Feb. 10, prosecutors said in court documents that Smith and the Mireles family had disputes for years and that Smith’s mother had used racial slurs toward one of the victims and his family prior to the shooting.

Smith’s attorneys said the Mireles family had 40 to 50 people over for a birthday party on the day of the shooting. Smith was unable to park his car because a vehicle was blocking his driveway. He saw his mother was having a “heated verbal altercation” with Mireles Ruiz, who they knew owned a gun, according to Smith’s attorneys.

Smith then got a Glock pistol from inside his home to protect himself and his mother, defense attorneys claim. They said Mireles Ruiz took Smith to the ground to grab the pistol, prompting Smith to shoot him several times.

Smith’s attorneys said Segovia began moving toward Smith. Smith shot him as well. Smith says other partygoers fired back, so he went back to his home and fired an AR-15 from his window. He shot and killed Mireles and injured three others.

The killings sparked grief in Annapolis’ Latino community. The three men left behind spouses and children. The families insist Smith’s outrage was driven by hate because they are from Mexico, El Salvador and Peru.

Smith’s attorneys had claimed the veteran acted in self-defense and that Mireles Ruiz had ties to “violent gangs such as the Mexican Cartel,” according to court documents. But the FBI found no evidence of involvement of the victims in the MS-13 criminal gang, according to the Capital Gazette.

During emotional testimony in the trial last week, two children who were at the party on June 11, 2023, a 14-year-old boy and a 12-year-old girl, testified about the shooting.

Prosecutors showed a photo collage of the victims to the 14-year-old, asking if he recognized the people in the photos. The boy wiped away a tear before answering.

“My brother Mario,” he said. And his dad, Nicholas.

In separate testimony, the children, who are brother and sister, described what they saw unfold that evening, including the altercation between Mireles Ruiz and Smith’s mother, then Smith coming back to the scene with a gun.

Mireles Ruiz tried to grab Smith’s gun, “tried to stop the attack,” the 14-year-old said. Mireles Ruiz and Smith then fell to the ground.

After shots were fired, Judith Abundez, Mireles Ruiz’s fiancee, ran out of the party and lay on the ground next to him as the shooting continued, the 14-year-old said.

She never left his side, the boy said.