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We were hoping that they were stuck between murder and manslaughter and if we took murder off the table, it would signal to those dug in for murder that we would just want the conviction at this point. Reporter it doesnt work. The jurors stay stuck and that afternoon announce they, too, are deadlocked, again at ten to two, but this time ten to convict. I thought he was guilty. Reporter only two to acquit. I just didnt feel they could prove that she didnt attack him. Reporter a seemingly triumphant art gonzales heads home carrying his youngest son underestimating prosecutor eric olsons determination. We felt the truth was coming out and in a third trial we could get a verdict. Reporter there will be a third trial. No chance of another hung jury because, this time, there is no jury. Both sides agree to a bench trial with some camera access and with judge sara deniky who has already heard this case twice, deciding arts fate. So now we have a situation where the judge is literal through judge and jury. Correct. Reporter meanwhile, art gonzales is free on bond and living with his sons in the very house with he shot his estranged wife. Even with this reduced charge of manslaughter, he could still face ten years behind bars and that says friend dug meryl, is a scary prospect for a loving dad and his sons how do you think hes holding up . How is he feeling . Reporter at his third trial derricks fence attorney mark gardner uses arts f. B. I. Training to defend what happens. His witnesses say the reflex to react engrained in f. B. I. Agents is what keeps them alive. What about the fact that art fired four shots . Four shots with a handgun against an advancing attacker is very often insufficient to stop that attack. You want some coffee, marietta . Reporter julies parents who have traveled across the country from new mexico three times for these trials arent buying it. Hes not taking accountability for what he does. He wants you to believe julie is responsible for her own death. It was very difficult to look at art when i got on the stand. Janet johnson who worked with art in new mexico says art confided something to her before he moved to virginia. If i disvors her in new mexico, she gets 50 of everything i have. He said, thats not going to happen. Im going to lure her to virginia and the laws are much more favorable to the man in virginia. Reporter arts attorney, mark gardner, says the physical evidence of what happened that day is the only evidence that counts, evidence like the gunshot residue. There was gunshot residue both on arts hands and on julies hands. There was gunshot res due residue on the knife. All consistent with his claim that she attacked him, was in chloe proximity to him when the weapon was fired. Reporter prosecutors agree physical evidence is the key and hope the judge will grasp it better than the two hung jurisdid. Witness. Marcella s. Fierro. Reporter the refound forensic pathologist who says julie was flat on the flor when fired. What makes her so sure . This bullet then exited the back partially. It exited and popped back in because it has a short exit. Reporter this is the bullet dr. Fierro is referring to. It means that the back was against something firm or hard. Reporter and thats something, prosecutors say, was the kitchen floor. But as in the previous two trials, the defense maintains the bra julie was wearing could have stopped that bullet. Nonsense, says fierro. Could a bra cause that . Yes, but not the bra on this lady. Reporter she is unshakeable under crks. What would change your mind . Reporter but defense forensic pathologist donald jason is just as sure. I believe it happens with bras like she was wearing. Reporter even more surprising is this witness who typically testifies for the prosecution. Dr. Jennifer bowers is a state pathologist. Do you believe the bra you saw on julie when she was brought to the medical Examiners Office could have caused that reporter in his closing arguments, attorney gardner underscores the dilemma of dueling experts. I will go to my grave questioning how any forensic pathologist can say a. 40 caliber bullet shot into julies body into her back with enough force to exit the floor and cause shoring and theres no evidence the bullet struck the floor. Julie charged at him, surprised him. He looked up, put his arm up, pushed her away, tried to create distance. She got her balance and immediately came right back at him. He pulled his weapon and fired, exactly like hes been trained to do. I maintain that there is no real evidence to contradict arts claim about what happened in that kitchen. Reporter but prosecutor olson says nothing art gonzales says can be trusted. It is not a coincidence that the track of mr. Gonzales relationship with kara cast is the track of the divorce. It was made right at the beginning of may is when he fell in love with kara cast, despite all his protestations to the contrary. What happens mid may after hes fallen in love with kara cast . He sees a divorce lawyer. In june he files for divorce. This courtroom. He lied about when the romantic and sexual relationship started. He is manipulative and devious. Two years after this once respected f. B. I. Agent shot his wife to death, he is about to learn his fate. Allergies with nasal congestion . Find fast relief behind the counter with claritind. [ upbeat music ] strut past that aisle for the allergy relief that starts working in as little as 30 minutes and contains the best oral decongestant. Live claritin clear, aflac. Ohh ah ah aflac aaaaflac tadaa hes not a very good magician. He paid my claim in just one day. One day . shh how does he do it . T in just one day, p we process, approve and pay. P one day pay, only from aflac. 4 by 4 by land, 4 by 4 by sea 4 by 4 by air cause i like to fly free 4 by 4am thats when i rise sneak up on a landscape catch it by surprise 4 my country how it all started out 4 the brave and every boy scout 4 the fun of it, cause you know you can 4 by 4 more air, more sea, more land 4 by 4 doin it yourself 4 by 4 the top down stars keep ya up at night 4 stones that were meant to be turned 4 the dares and the thrills that youve earned 4 by 4 conquest, 4 by 4 the dreams 4 by 4 waking up and crossing those streams 4 by 4 every one of our seventyfive years 4 by 4 the wave thats how we say cheers thats how we live the only thing that im 100 sure of is that Julie Gonzales should not be dead. Reporter the prosecution had flown in julies new mexico friends to testify, and, after two hung juries and three trials, they are confident that this time justice will be served. Each other, and we thought oh my god, its finally done. There is no rational or reasonable explanation for what happened in that house on august 19. Reporter but judge sarah deneke seems in no hurry to deliver her decision. It was excruciating. Id be lying if i didnt say that. Judge clearly doesnt believe arts story about trying to resuscitate julie after he shot her. The defendant reported performing c. P. R. On the victim, on julie, and i find that very doubtful given the evidence that ive heard here. Reporter but then, she pivots and begins dismantling the prosecutions case point by point. We have to address the issue of cara kast. The court finds that the evidence of the relationship with this girlfriend is irrelevant to this finding. There was not one single piece of evidence that is relevant to motive or motivation. His girlfriend, what he considered the love of his life, he found out that she was going with someone else. That couldnt have played a part in his mind when. When he julie. Now, the evidence is that the bullet was somehow caught in the clothing. Frankly, i find that weird. Its not significant in terms of making a determination as to whether or not this crime occurred or this killing this is not relevant, thats not relevant. She went through a whole list of things that she found was irrelevant. All of the things that happened to him that made him unstable, distraught, she said that didnt matter. Reporter nor do the dueling expert witnesses sway the judge. They do not vary on the facts. They all agree that there were four shots. Reporter what apparently does matter to the judge is the gunshot residue on Julie Gonzales hands, which leads her to conclude that julie indeed the gunpowder residue is consistent with the defendants version of the victim holding the knife as he fired the weapon. Theres no other explanation as to how she could have gunpowder residue on her hands. Reporter accepting that arts story could be true, she announces her verdict, sounding almost reluctant. I have no choice but to find the defendant not guilty of the crime of manslaughter. When she says those final words are not guilty, my heart sinks. Youre just totally devastated. It was disbelief, shock. It was a miscarriage of justice. Reporter and it is more than prosecutor kristin bird can take. You were sobbing. I had heard the family gasp behind me at the end of the was hard to know that for a split second there they thought he was going to be found guilty. Reporter despite the outcome, prosecutor olsen defends trying gonzales three times. We believed strongly that he was culpable and guilty of the death of Julie Gonzales. We wouldnt have prosecuted the case if we had doubt. Reporter a free man at last, gonzales quickly exits the courthouse, his family shielding him from view. His sister, arlene, stood by him he didnt want to join the interview, but he kept his ear in the end, art gonzales would only talk about his reaction to the verdict. Im sorry, do you mind if i. For a second, miss spencer. What im kind of hearing through the door and stuff. But what did the prosecutor allege i did right after the verdict was read . Reporter nothing. I didnt. Nothing. Oh. Reporter no, i asked. I said i couldnt see. I said i was sitting behind you, and i couldnt see. And i asked what your reaction was. I looked up, and i thanked god. Without god and the people hes put in my life, theres no way i couldve made it. Reporter you can come say that to me. I will, in time. Reporter well, how about now . No, because i have to take my son to soccer practice. Reporter art gonzales never did sit down with us. Now a single parent, hes says hes stretched thin. Plus, the f. B. I. Fired him for what it said was his lack of candor during the murder investigation. His life has been in limbo since this happened. Hes been without work. Hes been unemployable, assets. His house is up for sale. Reporter but youll find little sympathy for art gonzales in julies hometown of socorro, new mexico. Not in my Worst Nightmare did i ever think that we would be going through Something Like this. Reporter her parents can only take comfort in their faith and their memories. What will you miss most about her . Her gentleness, her good nature, her wittiness. Reporter once very close to their grandsons, julies parents say they hardly get to see them now. We lived for our grandchildren, and i was their teddy bear. What more can i say . Love them. Reporter through three trials, they believed in their hearts that the f. B. I. Agent who killed their daughter would go to prison for it. Now, they believe Something Else entirely. Art gonzales is guilty of murder, and he got away with it. Ill believe that till the day i die. Did the judge get it right . Check with correspondent Susan Spencer on twitter. Captioned by Media Access Group at wgbh captioning sponsored by cbs captioned by Media Access Group at wgbh cbsn, the live Digital News Network from cbs news. I dont know what they duh i know to me but i know to me it was worse than [ inaudible ] a dangerous designer drug raising new concerns in the bay area. Half a dozen people are rushed to the hospital after overdosing on spice. Good evening to you. For some Severe Weather. We want to get right over tour kate. So far we have dodged that Severe Weather bullet. The entire 10 weather team, we were tracking all day long. In fact at one point in the noon hour, around 1 mmm. Look at this big batch of lightning that rolled through airs ya of areas of the tampa bay. We still have a saturated atmosphere. So you can see these storms right now pushing to the east and south of carroowood. I want to show you yacht storm you the storm track. Also some light showers across pi fell laws pinellas county. And so when will the rain finally come to an end and we finally have changes coming. Few minutes. A massive water spout. Take a look. The witnesses say the powerful winds picked up boats and damaged several cars there. Thankfully no one was hurt. But it did leave some spring breakers with quite the story to tell. And this is what it looked like in parts of our area. You can see drivers taking it slow. They did have some pretty strong winds and lightning in that area as well. And todays weather also delayed 2016 at mcdell air force base. The opening ceremonies were scheduled to begin a little after 11. But they didnt go on until hours later. Organizers said the event would go on rain or shine. But things got a little complicated when lightning started popping up. When families were already in the gates, they were told to hangers. Experience. Chance to spend quality time with family. Its great. They love to fly. So this is a huge thing. Seems like a dream come true for them . Yeah. It is. Loves. A and if youre looking to get out there, air fest continues tomorrow. Gates open at 8 00. Performances start at 11 15 and you can download the 10 news app to see the forecast before you head out the door. We do have new information tonight on that deadly plane crash on james island. The Peter O Knight airport is back open. But tonight there are still questions what about a second plane about whether the a second plane could have been involved. The plane claimed the lives of two people yesterday. Ntsb investigators say there was another plane that took off at the same time as this one. But they are not sure what roll theres evidence that theres two airplanes taking off approximate lit same time. However approximately the same time. However, whether the accident occurred coincidence i will or as a cause of, i dont know yet and thats one of the reason information. Conclusion. Todays weather did delay the investigation but a preliminary report still expected to be completed within ten days. New deal tonight of the final moments of fly 81. Killing all 6 people on board. Which included 65 passengers. 4 of them children, and 7 crew members. The pilot, expecting his first child, had just accepted a job with another airline. Among the potential causes being looked at are pilot a error, technical failure and bad weather conditions. All right. Parent, need to Pay Attention a bad batch of synthetic drug, known as spice is poisoning people around the bay area. 10 News Reporter shows you how spring break could make this even worse. Reporter its a scourge on the streets of st. Peters burg. They drop. They puke. They shake. Reporter spice made over a dozen people sick today. There was smoking the spice and there was dropping like flies. Ive got my song. Another one bites the dust. And another one down and another one down. Reporter in unity park hour by hours a man to a hospital. He appears to ingest something and soon after theyre barely holding themselves up on a fence. Its cheap. For only 1 dollar you can buy a spice cigarette. Its nickname on the street, a stick of spice. Whats your name . Has made its way to st. Pete and clear water. And across the bay in tampa. Where we reported on nearly 30 illnesses caused by spice last week. Its worrying Law Enforcement because its also spring break. Were also concerned about the spring break on the horizon. This could be very dangerous. Reporter so far police say theyre only seeing it heavily around the tran sequin pop pew police station. But they want parents and kids to Pay Attention. That going down the price video a dead end price road is a dead end. Four people were arrested suspected of having spice. Its a con complicated conviction because they change the form of the drug once one form is ban. And this man, Tori Robinson died last night after deputies forced to advertise him several times. Into the house through a window. He says when deputies go the there, he would not calm down. The sheriff believed his four deputies act the appropriately and believe the body cameras back that up. The taser immaterialment was not in rapid secession. This was over an 11 minute episode. They kept trying to calm him down. The case will be reviewed by the attorney generals office. Today the coast guard had to rescue five people after their boat sank. This happened about 7 miles west of the clear water pass. They didnt say what caused it. But we do no that no one was hurt. Arizona, utah, and idaho will head to the polls oen tuesday. Thats why republican and democratic president ial candidates are campaigning out west. Brook silver takes you on the tried to shut down one rally. Reporter protesters shut down the road in advance of a donald trump rally. The Law Enforcement effort to clear the highway was lead by the sheriff, a vocal trump supporter who then introduced the candidate while giving an update on the protest. Three of them in jail. Reporter trump leads arizona polls and credits his tough stance on immigration. People are now seeing it and, you know, what . Were going to build the wall and were going to stop it. Reporter but in new york, hundreds of protesters marched between trump owned buildings denouncing his immigration proposal. Meanwhile ted cruz and john kasich battled over who has the best chances to stop trump. A vote for john kasich is a vote for donald trump. Im out to changes things and fight for people who dont have a voice and they dont like to. Reporter back in arizona, democratic candidate bernie border with apropos to expand executive orders. I will end the deportation regime which is dividing so many families. Reporter sanders expressed disappointment for not doing better in last weeks primary. He trails by more than 500 delegates. Arizonas primary is the largest winner take all contest left for the gop. All right. Take a look at this. We have some cool time lapse video of todays big river o green fest. Mayor bob buck horn launched tradition five years ago. The city captured this shot from above. Showing the transformation of the river being died green. Pretty cool. The turn out wasnt as big as years past but lots of family still came out. A taste of that irish experience. Cooper talked about how they have been recharged. And. And Major League Baseball headed back to cuba. The rays will tell you what theyre excited about straight ahead in 10 sports. But first, an event where

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