BUFFALO, N.Y. — A jury has acquitted a South Buffalo man of all charges in the shooting death of his girlfriend almost three years ago.
After deliberating for more than six hours, the jury found Shane Casado not guilty of both second-degree murder and first-degree manslaughter Thursday.
Nanette Casado, the mother of Shane Casado, told reporters when leaving the courthouse, "the whole time he stayed very positive, good spirits, and he had the love and support of many."
Casado's family and supporters were overjoyed after the jury rendered the not guilty verdict, despite Shane admitting in Erie County court that he shot 22-year-old Rachael Wierzbicki back in November of 2018, while both of them were standing on the driveway outside his home in South Buffalo.
Two witnesses to the shooting said Wierzbicki had asked them to go with her to confront Casado about his involvement with other women after their breakup.
The defense, which turned down a plea deal from the prosecution before the trial, brought up claims about Wierzbicki's alleged violent incidents toward their client, and the jury apparently listened. Casado also claimed he did not think the .22 caliber rifle he used for target practice would seriously hurt her.
Casado's attorney, Teo Siguenza said after the verdict: "There were aspects of justification. There certainly were aspects of justification, and the jury got it right. The reality is Shane never intended for this to happen, and the jury saw that he did not want it to happen."
After the trial, Erie County District Attorney John Flynn spoke to 2 On Your Side about the verdict.
"I just didn't believe him," Flynn said. "I thought he committed a crime, and that's why I charged him with murder. However, I recognized the fact that there were issues in the case, that it was a tough case, and that's why I offered the manslaughter pre-trial [deal]."
The emotionally shaken Wierzbicki family did not speak to reporters after the verdict Thursday and walked to the elevator with their heads down; speechless.
"This was a beautiful young woman, and the family is devastated to lose her. This girl lost her life because of this guy, and that's devastating," Flynn added.
Two years ago Wierzbicki's parents, Mark and Lauri founded the Rachel's Warrior Foundation in their daughter's name to help support domestic violence victims. 2 On Your Side spoke with them in 2019 about "losing their angel."
Attorney Tom Eoannou offered his legal analysis of the case and said the "tough issues" referred to by the District Attorney likely involved intent.
"It was difficult to prove beyond a reasonable doubt one element and that element was intent. In the intent element, is in the murder charge and the manslaughter charge. When Mr. Casado called the police, he said he didn't mean to hit her. He had to get off the phone to help her. He had told her you'll be alright. It's only a 22 [caliber] and then he said she wasn't meant to die. So the jury did not find beyond a reasonable doubt that the intent element was there," said Eoannou.
"If he [Casado] had been charged with reckless manslaughter in the second degree or criminally negligent homicide, I think the verdict may very well have been different, but the sentence would have been low," Eoannou added.
The Double Jeopardy clause prohibits anyone from being prosecuted twice for substantially the same crime but the Wierzbicki will be able to pursue a civil case Eoannou said.
Instead of beyond a reasonable doubt, it's proof by a preponderance standard.