NOT GUILTY: Jury acquits Gabriel and Anthony Moreno of all charges
BREAKING: UPDATE 6:30 p.m. In less than two hours of deliberation, a jury unanimously found both Gabriel and Anthony Moreno not guilty of second-degree murder and Anthony not guilty of principal to second-degree murder.
The jury also found them not guilty of both voluntary and involuntary manslaughter and principal to the same charges.
Gabriel and Anthony are acquitted of all charges related to the death of Nathan Richardson.
UPDATE 4:30 p.m.: Wednesday was day 6 of the murder trial of brothers Gabriel and Anthony Moreno in Pocatello.
The case is one step closer to a verdict today as the case was handed over to the jury for a decision.
It was decided there would be no rebuttal witnesses today, so court this afternoon featured closing arguments from both sides and jury instructions.
The jury does have some different options to consider for a verdict.
Right now, Gabriel Moreno is charged with second-degree murder, and Anthony Moreno is charged with principal to second-degree.
The jury could find them guilty of those charges.
Or, per instructions from the judge today, the jury could find the Morenos guilty of a lesser charge instead.
The jury could find Gabriel guilty of voluntary and involuntary manslaughter, and Anthony would be a principal to those same charges.
Of course, another option is the jury could acquit the brothers of all charges.
One other option for the jury to consider is if it was self-defense which is legally justifiable.
Whatever decision the jury makes, it must be unanimous.
The jury was sent to start deliberations about 4:00 p.m. Wednesday.
It will likely be at least a few hours before a verdict is reached.
Local News 8 and KIDK Eyewitness News 3 will keep you updated with the latest.
UPDATE 5/9/18 11:00 a.m.: Court reconvened in Pocatello Wednesday for day six of the second-degree murder trial of brothers Gabriel and Anthony Moreno.
Gabriel is accused of second-degree murder, and Anthony is facing a charge of principal to second-degree murder in the beating death of Nathan Richardson in June 2017.
Wednesday morning Judge Robert C. Naftz met with the attorneys to discuss what jury instructions will be given.
One of the most important decisions will be whether or not the jurors can consider a lesser charge of either voluntary manslaughter or involuntary manslaughter.
The questions the jurors have to decide is what was Gabriel Moreno’s intent during the fight with Richardson? Was this just a bar fight gone horribly wrong, or did he really intend to kill Richardson in the fight?
Both brothers testified in their own defense Tuesday. They say they were only defending themselves when they were attacked by Richardson. They testified about what was happening in the surveillance video and in the Snapchat video. They told of their fear when they say Nathan pulled Gabriel out of the truck and started choking and punching him, and they both tearfully broke down when they were talking about Richardson’s death.
Anthony testified first saying,”I didn’t want any harm to come to him. I didn’t know this was going to happen. I would never wish anything bad to a person. Me and my brother too. We are good people.”
Anthony also testified that when Nathan was knocked out they could hear him snoring and then he started making gurgling sounds. Anthony said he was trying to help him and kept saying, “Wake up man! Please wake up!”
Gabriel also tearfully recounted his memory of that night saying, “I never meant to hurt him like that. I never wanted to hurt him like that. I never wanted to hurt his family like that. I was just trying to defend myself.”
Gabriel also said not a day has gone by that he doesn’t think of that night.
Four rebuttal witnesses will be called Wednesday, and then attorneys are expected to begin closing arguments.
The case could go to the jury as late as this afternoon or tomorrow.
Local News 8 and KIDK Eyewitness News 3 will keep you updated with the latest.
UPDATE 5/8/18: It was an emotional day in court in Pocatello Tuesday as the second-degree murder trial of brothers Gabriel and Anthony Moreno entered day five.
Linda Larsen spent the day in the courtroom and reports there were several heated moments from both the attorneys and even loud comments from some of the family members in the courtroom.
At one point Judge Robert C. Naftz even had to stop the proceedings briefly to tell the attorneys from both sides, “Both of you need to be better behaved than you are right now.”
In addition to the outbreaks, there were also lots of tears in the courtroom as the jury listened to some very emotional testimony.
First was Anthony Moreno as he took the stand in his own defense.
Anthony broke down in tears when he talked about the events that lead to the death of Nathan Richardson.
“I didn’t want any harm to come to him,” he said. “I didn’t know this was going to happen. I would never wish anything bad to a person. Me and my brother too. We are good people.”
They both claim that Nathan Richardson pulled his brother out of the truck that night and started the fight.
“I was scared for my brother,” he said.
Anthony said the reason he took the Snapchat video was to protect his brother.
Gabriel Moreno took the stand to tell his side of the story later Tuesday afternoon.
He claimed Richardson pulled him out of the truck and punched him three times in the head before Gabriel threw the punches that caused Richardson to lose consciousness and hit his head.
Both brothers testified to what was happening on the surveillance video and what was happening on the Snapchat video.
Gabriel also tearfully recounted his memory of that night saying, “I never meant to hurt him like that. I never wanted to hurt him like that. I never wanted to hurt his family like that. I was just trying to defend myself.”
