GUILTY AZ - Daniel Rodriguez, 29, fatally shot by Phoenix PD officer, 5 Oct 2010 #3

[21merc7]

Confused about finding guilty of agg assault but not murder.

At least, as you guys have said, he was not acquitted of the murder so he can be tried on that again.

Really at a loss of words for a rather confusing day.

 

[Jewels53]

Trial Diva Jen ™ ‏@TrialDivasJ 5m
#RichardChrisman wife is sobbing uncontrollably in the halls.

 

[aa9511]

You know what I think this was?? Here is what I'm thinking. The ppl who believed it was self-defense, that would mean they didn't believe Virgillo, either wholly or in part. So why would they believe Virgillo about the gun-to-temple incident?
So I think this was compromise as others have pointed out. They agreed to go with aggravated assault, whether they believed it or not, as long as they didn't have to vote for M2.
B/c if they believed in self-defense, that would mean they believed Chrisman in part or in whole and disbelieved Virgillo, in part or in whole.
I don't think all that voted guilty for agg. assault actually believe it, as we saw one example was Juror 1 whose view on that we heard "right in front" of us in court. BUt they compromised so they wouldn't have to do M2.

 

[aa9511]

So they put an alternate juror on for the Blakely trial? How strange, the one thing they had a verdict on and this juror didn't agree with it, why didn't the juror just hang them on the aggravated charge too?

thundar, no she was still an alternate....but she couldn't REMAIN an alternate b/c she didn't even agree with their finding, so how could she be alternate for Blakely trial which deals with Agg. Assualt charge. she was alternate whole time.

 

[MeeBee]

You never know. Blakely gives Juan and Mehran's the opportunity to give additional testimony from witnesses not allowed in earlier.
I think the hung on the 2 other counts is because neither side fully convinced the jurors of their position, which is a good thing. If there is a re-trial, Juan can tweak his case to solidify any fuzzy areas.

Chrisman isn't going to last long if he gets put in GP in prison. BTW: Sheriff Joe hates animal abusers......and guess where Chrisman is until he gets sentenced? :floorlaugh:

Hmmm, that is interesting. Wonder if Juan will get a chance now to talk about Chrisman's sketchy past?

 

[Bernina]

Meebee, you asked why was Juror 1 dismissed....because she said she couldn't agree with the jury's findings of Guilty on Agg. Assault!!!!!!!!!!!! Can u believe that????

I think juror 1 and 16 are the alternates. 1 was excused because he/she didn't agree with Agg Assault. Did I hear that right?

 

[aa9511]

Trial Diva Jen ™ ‏@TrialDivasJ 5m
#RichardChrisman wife is sobbing uncontrollably in the halls.

what she sobbin' for?

 

[geevee]

So satisfying...

Ex-Phoenix Officer Convicted of Aggravated Assault

http://abcnews.go.com/US/wireStory/verdict-reached-trial-phoenix-officer-20281545

 

[aa9511]

I think juror 1 and 16 are the alternates. 1 was excused because he/she didn't agree with Agg Assault. Did I hear that right?

Yes, Bernina, right. So she can't conitnue on being alternate, b/c if one juror was excused and she had to come in during Blakley trial, she wouldn't have even agreed with them from the start. So therefore can no longer continue as alternate.

 

[geevee]

what she sobbin' for?

Because he was taken into custody and won't be let back out until he finishes his sentence, whatever that may be.

 

[aa9511]

So satisfying...

Ex-Phoenix Officer Convicted of Aggravated Assault

http://abcnews.go.com/US/wireStory/verdict-reached-trial-phoenix-officer-20281545

geevee, not satifying to me, how many years can he possibly get? I don't think he will get very many, many 1 or 2?? with probaation, etc. etc. "good time" etc. etc.

 

[rose222]

I am grateful today. I think the fact that he's been found guilty of assault will motivate those concerned to go ahead with a retrial.

 

[aa9511]

Because he was taken into custody and won't be let back out until he finishes his sentence, whatever that may be.

well she should be happy he's not going to jail for what, 20 years as would be M2?? what about Danny's mother her son's killer will get out of jail in a few years.

 

[geevee]

I think juror 1 and 16 are the alternates. 1 was excused because he/she didn't agree with Agg Assault. Did I hear that right?

Yes, you have it right. They needed the alternates because they will have to deliberate again (just like for the guilt phase) and apparently #1 said they could not deliberate further while accepting the jury's verdict on that count. Mehrens objected but the judge had to dismiss him.

 

[MeeBee]

I don't think the agg assault charge was a compromise. I think they just agreed that he acted excessively and the bruise on his temple shows that he probably did hold the gun to his head.

I also don't think that there was a hung jury means all the acquittal jurors neccessarily believe Chrisman's version entirely or that Daniel was going to bash his brains in in that moment. I think there was reasonable doubt though given Virgillo's minor inconsistencies and I think that even if they thought Daniel was not attacking Chrisman he was acting in a way that caused him to react or something along those lines.

I am not saying I agree with that.

 

[Thundar]

You know what I think this was?? Here is what I'm thinking. The ppl who believed it was self-defense, that would mean they didn't believe Virgillo, either wholly or in part. So why would they believe Virgillo about the gun-to-temple incident?
So I think this was compromise as others have pointed out. They agreed to go with aggravated assault, whether they believed it or not, as long as they didn't have to vote for M2.
B/c if they believed in self-defense, that would mean they believed Chrisman in part or in whole and disbelieved Virgillo, in part or in whole.
I don't think all that voted guilty for agg. assault actually believe it, as we saw one example was Juror 1 whose view on that we heard "right in front" of us in court. BUt they compromised so they wouldn't have to do M2.

This is the best explanation for what happened verdict wise. I would think that murder 2 would follow right along with aggravated assault because the murder charge would result from the assualt.....correct?

 

[thefragile7393]

geevee, not satifying to me, how many years can he possibly get? I don't think he will get very many, many 1 or 2?? with probaation, etc. etc. "good time" etc. etc.

anywhere from 10-20 I believe.

 

[Zuri]

So the jury decides the sentence? Was Juror 1 an alternate or empaneled? The tweet said juror problems, what? Sorry not clear headed today.

 

[aa9511]

Yvette ‏@Yvette___ 47s
RT @TrialDivasJ: #RichardChrisman wife is sobbing uncontrollably in the halls.../ Well, that's sad, but he acted very wrong.

Not sad....he is getting a good deal for what he did. If she hadn't married such a loser..........................

 

[MeeBee]

They are saying this is a non probabtion charge. And this carries a sentence of 10-15 years. I don't think a 2 year sentence if even an option. Danny's mother began to cry when he was taken into custody. That is good enough for me.