Mistrial Declared In Deadly Child Abuse Trial

DENVER (CBS4)- A judge declared an immediate mistrial Thursday at about 2 p.m. in the deadly child abuse trial of Angel Montoya.

Montoya was being tried for first-degree murder and child abuse resulting in death in the killing of Neveah Gallegos nearly four years ago.

The body of Neveah, 3, was found three days after she was killed. Police found her body covered with debris in the 1100 block of Perry Street.

Neveah's mother, Miriam Gallegos, told police her daughter was kidnapped in Sept. 2007. Police said he girl was killed by Gallegos' boyfriend, Montoya, who was babysitting the girl alone.

Gallegos was sentenced in January 2011 to 12 years in prison for her role in her daughter's death. She was expected to testify against Montoya.

A status conference is planned for Sept. 1. The District Attorney is expected to refile charges.