A Queens judge declared a mistrial in the case against John L. McGhee, the accused killer of Edgar Garzon, after a juror brought deliberations to a halt by calling in sick for two consecutive days.

"Obviously, we, like the Garzons and certainly other folks in the Queens LGBT community, will be waiting to see what happens on a retrial," said Clarence Patton, executive director of the New York City Gay and Lesbian Anti-Violence Project, a gay crime victims group.

[...]

McGhee is charged with one count of second-degree murder and one manslaughter count in the killing. The minimum sentence for second-degree murder is 15-to-life, but the average time served is just under 25 years.

Garzon, a 35-year-old gay man, was attacked in the early morning hours on August 15, 2001 on 77th Street in Jackson Heights, and died on September 4.

After the attack, police knew only that at least two men participated in the assault and that they drove away in a red car. McGhee, 39, left the U.S. for England in December 2001. Christopher Ricalde, 20, came forward in early 2003 and identified McGhee as the assailant.

Police located McGhee in England in 2003. He was sent back to the U.S. by British authorities in June of 2006 after he allegedly lied on a visa application there. New York City police met his flight from London and he was arrested hours later.

[...]

A second trial will likely start in the fall.