Merced man tried in Loughborough homicide released, charges dropped after hung jury

A Merced man accused of murder earlier this year has been released from jail because prosecutors dropped his charges following a deadlock by a Merced County jury.

Jose Fabian Zarate, 40, was ordered released from custody last week by Merced County Judge Carol Ash after a hung jury in his trial. Zarate was accused of killing 37-year-old Christopher Reyes on Dec. 22, 2018 in the 1200 block of Loughborough Drive.

The 12-member jury couldn’t agree whether Zarate was guilty of murder. “We were disappointed that the case resulted in a hung jury, but respect the decisions of the jurors and are grateful for their service,” said Chief Deputy District Attorney Tyson McCoy, who co-prosecuted the case with Deputy District Attorney Katie Gates.

McCoy said he couldn’t discuss details of the case because it involves an active investigation.

Zarate and his friend at the time, Augustine Singh, were with Singh’s female cousin when Reyes tried to contact her the night he was killed. The cousin was Reyes’ girlfriend and the mother of his 7-month-old daughter, according to investigation reports.

Singh is alleged to have gotten into a texting argument with Reyes, who thought he was messaging his girlfriend, according to cell phone records. Singh then followed his cousin to her home with Zarate and another woman in the passenger seat.

Singh’s cousin entered the home and Singh followed, according to reports. Singh and Reyes then are believed to have confronted each other on the second floor, with an argument continuing as Reyes tried to come downstairs.

Moments later, shots were fired, and Zarate was believed to have driven Singh and the two women away from the scene, according to investigative reports.

Officers later that night found Reyes lying on the ground with several gunshot wounds, police said.

Days later, detectives issued arrest warrants for Zarate and Singh. Zarate was arrested but Singh remains on the run.

Singh is still wanted by police, Merced Police Capt. Bimley West said, and a $1.8 million warrant has been issued for his arrest.

Zarate’s charges were dismissed “without prejudice,” according to court records. That means he could still be charged with a crime in connection with the case if new evidence turns up and leads unfold, authorities said.

This story was originally published December 10, 2019 at 5:00 AM.