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Friday, February 1, 2013 - 20:37
Both sides have rested their case in the trial of the East El Paso man accused of killing two people with his car.
Eric Barajas is charged with intoxicated manslaughter for hitting and killing the pedestrians back in 2009. In a big twist in court today, he could actually end up facing a lesser charge.
In a favorable move to the defense, Judge Patrick Garcia decided to include two lesser charges for the jury to consider.
The prosecution wants the jury to convict Barajas of either intoxicated manslaughter or regular manslaughter.
But throughout the entire trial, the defense revealed evidence that 26 Orlando Figueroa and 22 year old Angela Gonzalez were drunk and jaywalking when the accident happened, suggesting that two pedestrians caused their own deaths by stepping into traffic.
That convinced the Judge that the jury should also consider convicting Barajas of two lesser charges -- criminal negligent homicide and DWI.
Judge Garcia gave the jury definitions for each of the four charges and the jury can, of course, find Eric Barajas innocent of all charges.
Blood test results for Eric Barajas revealed his blood alcohol level was almost three times the legal limit when he was driving the night of the accident.
Angela Gonzalez's blood alcohol level was also three times over the legal limit, and Orlando Figueroa's was almost two times over, when the two were jaywalking that night.
Jury deliberations will begin tomorrow morning.