Defendant: Daniel Gudino, age 15.
Charges: first-degree murder, attempted murder
Victims: Ulysses Gudino Jr., the defendant’s 9-year-old brother and Marina Gudino, their mother.
Allegation: Daniel Gudino is accused of shooting his brother to death in the basement of their home in the 1800 block of Chapel Hills Drive on the morning of May 18, 2009 and then wounding their mother in their kitchen.
Status: the trial enters its second week today in juvenile court.
Prosecution theory: Daniel Gudino consciously and deliberately carried out the shootings.
Defense theory: Daniel Gudino is mentally ill and may have been sleepwalking during the shootings.
What happened today: This morning, jurors were shown the bullet-riddled, blood-stained flower print comforter that Colorado Springs police recovered from the bed where they found Ulysses’ body. He had been shot three times, including a fatal wound to the chest.
Cordell Brown, a fire arms examiner for the Colorado Springs Metro Crime Lab, testified he counted five bullet holes in the comforter, but added that they could have been created by fewer then five bullets. Brown also said tests found no gunshot residue on the comforter, indicating that the shots from a .22 caliber rifle were fired at a distance of at least 2-3 feet.
A DNA expert also told jurors that she found traces of both Daniel and Ulysses Gudino’s DNA on toothpicks found near the family’s normally locked gun cabinet. Prosecutors contend the use of a toothpick to undo the lock showed conscious behavior on Daniel Gudino’s part.
What’s next: The defendant’s brother Alex is scheduled to testify this afternoon. Stay with the Sidebar blog for updates.
Trial notes: Daniel Gudino has a much shorter haircut today than he had earlier in the trial.
Correction: An earlier post on this trial incorrectly stated Gudino could be sentenced to the Youth Offender System in Pueblo if found guilty. Actually, he would be sentenced to the custody of the Division of Youth Corrections, since he is being tried as a juvenile, not an adult. He would be held there until he turns 21.