Damien Rodriguez found not guilty of murder, returns home on Wednesday.
HEREFORD, TEXAS -- Damien Rodriguez has been found not guilty in the murder of Lucia Guajardo.
Wednesday the state rested their case against Rodriguez. At that time, his attorney, Arnie Miller, asked 222nd District Judge Roland Saul for an Instructed Verdict of not guilty. Judge Saul granted that request, ending the murder trial for the Hereford teenager.
An instructed verdict can be requested when the defense claims that there has not been enough evidence presented to satisfy the burden of proof on the state. In this case, Miller says that the state didn't prove that his client was a party to the offense.
We spoke to Miller about how rare such verdicts are, and he tells us, "They're pretty rare." Miller says that Judge Saul said it's the first one he's given in his 8 years on the bench.
District Attorney Jim English says, "I've been here 20 years, and I've never seen it done."
Both Miller and English tell us that the verdict is final, Rodriguez cannot be tried for this offense again, and that the state cannot appeal the decision.
English says that while he respects the court's decision he is disappointed with the verdict, and that he wishes the case would have gone to the jury.
Miller tells Pronews 7 that Damien is pretty excited, and that he got to go home on Wednesday. He was still facing a charge of tampering with evidence, but a plea deal was offered to Rodriguez for 6 years of probation and a $1,000 fine if he pleaded guilty, which Rodriguez accepted. If he doesn't live up to his probation, he could face up to 8 years in prison.
Sygourney Grajeda, Guajardo's granddaughter, was sentenced to 45 years in prison for the murder in June of 2010.
