Mar 4, 2011 12:22 AM by Matt Stafford

Hung jury for Springs teen accused of killing his brother

After five days of deliberations a local jury couldn't agree on whether a Colorado Springs teenager killed his little brother, but the jury did agree Daniel Gudino tried to kill his own mother on that same day, in 2009.

Gudino was found guilty on four out of five charges he was facing; prohibitive use and illegal discharge of a weapon, first-degree assault, and attempted first-degree murder, but they couldn't come to a consensus on the first-degree murder charge, leaving a hung jury.

"It wasn't necessarily a, who committed the crime, it was more of a, did he know he was committing the crime?" explains Shannon Gerhart, a deputy district attorney in El Paso County.

Police were called to a home in the 1800 block of Chapel Hills drive in May of 2009 for a shooting.

"All I have at this point is the female saying that the son shot her," dispatchers relayed to officers over the radio on the day of the crimes. Gudino's mother, Marina Gudino, was shot and stabbed but recovered. Gudino's younger brother, nine-year old Ulysses, was shot and killed. Daniel, who was 13-years old at the time, was arrested.

After the court decided to try Gudino as a juvenile in May, the defense has been saying Gudino wasn't in a mental state to know he was committing the crimes; that he may have been sleepwalking.

News First 5 wasn't able to speak with the Gudino family after the verdict. Their family attorney told our partners at the Gazette the verdict was disappointing but they are looking forward to moving on.

"They heard from a lot of experts on each side regarding Daniel Gudino's mental status," says Gerhart, but ultimately it came down to the jury. Because they couldn't settle on a decision on the first-degree murder charge, that charge is eligible to be re-tried.

"We'll discuss it, and obviously include Mr. and Mrs. Gudino in that discussion, and decided what we want to do," Gerhart explains.

The District Attorney's office will have 90 days to decide if they want to retry the first-degree murder charge.

With the four guilty convictions from Thursday, Gudino faces three to five years in the Department of Youth Corrections. Sentencing is set for April 6th at 1:30 p.m.



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