The Crime: On May 18, 2009, Colorado Springs police arrested a 13-year-old boy on charges that he shot and killed his 9-year-old brother and then wounded their mother in the family’s home in the 1800 block of Chapel Hills Drive.
The Defendant: Daniel Gudino, now 15, is being tried as a juvenile on charges of first-degree murder and attempted murder.
Defense theory: His public defenders have argued that the boy suffers from a mental illness and may have been sleepwalking when the shootings occurred.
Prosecution theory. Prosecutors contend the boy knew what he was doing when he picked the lock on a gun cabinet, loaded a .22 caliber rifle and then shot his brother Ulysses Jr. and shot and stabbed their mother Marina Gudino.
Number of days of testimony so far: 12
Number of juror questions so far: 88
What happened today: A sleep disorder expert called by the prosecution cast doubt on the defense that Daniel Gudino may have been sleepwalking during the attacks.
Dr. Mark Pressman of the Lankenau Medical Center of Wynnewood, Pa. described several ways in which Gudino’s reported behavior during the shootings did not resemble the usual traits of a sleepwalking episode.
For example, prosecutors contend Gudino sought out his younger brother and shot Ulysses as he was asleep in his bed.
Pressman said most incidents of violence during sleepwalking occur when the sleep is interrupted by someone.
“There’s nothing necessarily violent about a sleepwalker,” Pressman said. “Otherwise they go about their sleepwalking business.”
What the jurors asked: One juror asked if Pressman thought a soldier practiced in loading and shooting a gun could load it while sleepwalking?
Shoot maybe, Pressman said. Load, probably not.
“It doesn’t sound like the kind of action I’ve seen reported,” he replied.
What’s next: Colorado Springs homicide detective Donald Chagnon, who interviewed Daniel Gudino hours after the shootings, is expected to testify this afternoon.
Stay tuned to The Sidebar blog for updates on this trial.