FRESNO, Calif. (KFSN) -- Last Friday the jury found Eric Gallardo not guilty of first-degree murder and said they were unable to decide on second-degree murder.
There's no doubt about the crime. The surveillance video clearly shows the shooting. But the alleged motive kept the jury from convicting Eric Gallardo of the worst possible sentence.
But after a long weekend, they made a decision.
Surveillance video from the Kearney Market shows what happened. Gallardo confronts Anthony Leon Jones in the store, they exchange punches then Gallardo pulls out a gun, shooting Jones 5 times.
RELATED: Prosecutors show jury video of fatal fight outside Kearney market two years ago
After the verdict was read Gallardo's attorney, Michael Cardoza explained Gallardo went after Jones after Jones was alleged to have assaulted Gallardo's wife.
"What he did was he grabbed the buttocks of my client's wife and kicked at his child," Cardoza said.
The alleged incident occurred in a nearby home. Cardoza believes the crime was committed in a classic heat of passion and should have resulted in a lesser conviction.
"I am disappointed in that I thought it was in the manslaughter range certainly. I do respect jurors it's their opinion. I disagree with it very vehemently, it was their opinion in this case," Cardoza said.
RELATED: Anthony Jones murder: Eric Gallardo's wife testifies in defense of him in court
Gallardo could be sentenced to 40 years in prison. 15 for the second-degree murder conviction and 25 more for using a firearm. But Cardoza doesn't believe the case is over yet.
"My client, of course, will appeal this I think he's got a fairly good shot at appealing. He was very young when he did this, so it's going to be an interesting appeal," he said.
Eric Gallardo will be sentenced on March 22. The District Attorney says if the 26-year-old gets the maximum term he would be eligible for parole when he is 60.
Jury convicts man of second-degree murder in fatal fight outside Kearney Market
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