A trial for a man accused of spitting on an officer at the Leavenworth County Jail ended in a mistrial Monday, a prosecution official said.

A trial for a man accused of spitting on an officer at the Leavenworth County Jail ended in a mistrial Monday, a prosecution official said.

A jury was empaneled Monday for the trial of Matthew Astorga. But Astorga's attorney ended up asking for a mistrial because a defense witness failed to show up after being subpoenaed, according to County Attorney Todd Thompson.

Astorga is charged with battery on a county corrections officer. The crime is alleged to have occurred July 15, 2014.

Astorga is accused of spitting in the face of an officer at the jail.

Thompson said a new trial date will be scheduled in the case.

Astorga already has been convicted of first-degree murder for shooting Ruben Rodriguez in 2008 in Leavenworth. Astorga is waiting to be re-sentenced in that case.

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