Jill_Monier's Blog

Judge finished reading instructions to jury, they are now deliberating.

Alejandro Gauna is charged with 1st degree murder. To be convicted of 1st degree murder, the state must prove it was premeditated.

There are a number of lesser charges the jury can consider, here they are.

(A local attorney gave me the definitions).

1ST DEGREE MURDER-Life in prison with parole or life in prison without parole

-intentional and premeditated

-jury must take defendants state of mind into consideration

2ND DEGREE MURDER-15 to 60 years

-the knowing killing of another person

VOLUNTARY MANSLAUGHTER-3 to 15 years

-Intentional or knowing killing of another in a state of passion

RECKLESS HOMICIDE-2 to 12 years

-Reckless killing, defendant acted recklessly in a conscious state of disregard

NEGLIGENT HOMICIDE-2 years

-Acted with criminal negligence

-Criminally negligent conduct that results in death

A jury could also find Gauna guilty of facilitation of any of these crimes or not guilty of any of the crimes.

Gauna's accomplice, Orlando Garcia was convicted of facilitation of first degree murder in December. It carries a sentence of 15-25 years behind bars. He has not yet been sentenced.