Posted: Feb 18, 2011 10:04 PM by Matt Stafford
Friday wraps up the second week of the murder trial for a Colorado Springs teen accused of killing his little brother. It's been a week of testimony, and a key question has come up; could this type of a crime be committed while sleepwalking?
In May of 2009, police were called to a scene at a home on Chapel Hills Drive. A nine-year-old boy, Ulysses Gudino, was shot and killed. His mother, Marina Gudino, was shot and stabbed. She was treated at a local hospital.
"With guns going off in the neighborhood that's obviously reason to be concerned," said a neighbor, Scott Piggot, in May 2009.
Concerning to many was that police arrested the 13-year-old brother, Daniel Gudino.
Daniel is now fifteen, and facing a charge of first-degree murder as a juvenile in his brother's death.
Gazette Legal Affairs Reporter John Ensslin has been following the trial from the beginning.
"The question is, who opened up the gun cabinet?" says Ensslin. "The prosecution will tell you it's the defendant. The defense is saying we don't know."
"The defense in the case is saying that the boy suffered from mental illness and may have been sleepwalking during these attacks," Ensslin adds.
A forensic psychiatrist answered questions about the possibility of sleepwalking for the court. Also, under Colorado law, jurors could ask questions too. They asked several; like, can you pick a lock while sleepwalking? Or, can you load a gun?
The expert says the more complex the activity becomes; the less likely it happened while sleepwalking.
The trial will continue on for its third week. The family, who has been present in court, will have to wait a little longer on the outcome.
"They're quiet," describes Ensslin. "They are paying close attention to what's going on and they're being there for their son."
Daniel is being tried as a juvenile, so if convicted he would be sentenced to the Department of Youth Corrections until he's 21.
This trial picks back up on Tuesday for what's supposed to be the final week. The court will be closed on Monday for President's Day.