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tv   News 6 at 11pm  CBS  March 19, 2016 11:00pm-11:34pm EDT

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>> tonight's "48 hours" will
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the suspect - 16 years old... who's now facing murder charges. we're at the scene with the latest. plus - central florida's largest country music festival - underway. some of the biggest stars -
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mountain of confusing and contradictory evidence in the second gonzales murder trial, figure out what it all means. >> i couldn't come to a on the floor or not. >> reporter: after just one day, worried prosecutors make a major concession. withdrawing the murder charge. giving the jury the option of voting for manslaughter. >> 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 doesn't 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. acquit. >> i just didn't feel they could him. >> reporter: a seemingly triumphant art gonzales heads
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on his shoulders, perhaps underestimating prosecutor eric olson's 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 art's 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 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
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how is he feeling? >> it's amazing to me that he's even holding up at all. >> reporter: at his third trial derricks fence attorney mark gardner uses art's 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: julie's parents who have traveled across the country from new mexico three times for these trials aren't buying it. >> he's 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
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>> reporter: f.b.i. agent janet johnson who worked with art in new mexico says art he moved to virginia. >> if i disvors her in new mexico, she gets 50% of everything i have. he said, that's not going to happen. i'm going to lure her to virginia and the laws are much more favorable to the man in virginia. >> reporter: art's 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 art's hands and on julie's 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
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jurisdid. they bring back their star witness. >> marcella s. fierro. >> reporter: the refound forensic pathologist who says julie was flat on the flor when at least one of the shots was fired. what makes her so sure? >> this bullet then exited the back partially. because it has a short exit. >> reporter: this is the to. >> it means that the back was against something firm or hard. >> reporter: and that's 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
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>> what would change your mind? a video. >> 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
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caused that shoring? >> it's possible, yes, sir. >> reporter: in his closing arguments, attorney gardner >> i will go to my grave pathologist can say a .40 caliber bullet shot into julie's body into her back with enough force to exit the floor and evidence the bullet struck the him. he looked up, put his arm up, she got her balance and immediately came right back at him. exactly like he's been trained to do. i maintain that there is no real evidence to contradict art's 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 he's fallen in love with kara cast?
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in june he files for divorce. mr. gonzales lied repeatedly in 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 claritin-d. [ 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,
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>> the only thing that i'm 100% sure of is that julie gonzales should not be dead. >> reporter: the prosecution had flown in julie's new mexico friends to testify, and, after two hung juries and three trials, they are confident that this time justice will be served. >> and lea and i just grasped each other, and we thought "oh my god, it's 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
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>> it was excruciating. i'd be lying if i didn't say that. >> reporter: for openers, the judge clearly doesn't believe art's 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 i've heard here. >> reporter: but then, she pivots and begins dismantling the prosecution's 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 couldn't have played a part
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killed... julie. >> to her, it didn't matter. >> now, the evidence is that the bullet was somehow caught in the clothing. frankly, i find that weird. it's not significant in terms of making a determination as to whether or not this crime occurred or this killing occurred in self-defense. >> this is not relevant, that's 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 didn't 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
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may have attacked art gonzales. >> the gunpowder residue is consistent with the defendant's version of the victim holding the knife as he fired the weapon. there's no other explanation as to how she could have gunpowder residue on her hands. >> reporter: accepting that art's 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. you're 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.
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behind me at the end of the reading of the verdict, and it 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 wouldn't 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 throughout the entire ordeal. >> it's a relief, and our family is very happy. i'm sorry. >> you seem overwhelmed with emotion. >> i am very overwhelmed right now. thank you, god. >> reporter: art showed up uninvited when we talked with his lawyer. he didn't want to join the
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to the door for the entire time. in the end, art gonzales would only talk about his reaction to the verdict. >> i'm sorry, do you mind if i... for a second, miss spencer. what i'm 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 didn't... nothing. >> oh. >> reporter: no, i asked. i said i couldn't see. i said i was sitting behind you, and i couldn't see. and i asked what your reaction was. >> i looked up, and i thanked god. without god and the people he's put in my life, there's no way i could've 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, he's says he's 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.
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he's been unemployable, essentially lost all of his assets. his house is up for sale. >> reporter: but you'll find in julie's 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, julie's 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?
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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. i'll 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
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access.wgbh.org >>
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live, getting results, this is news 6 at 11:00. realtime closed captioning provided by u.s. captioning. a fifteen-year-old gunned down by another teen, the breaking developments just coming in. good evening, erik has night off. the suspect is just 16 years old. apopka police are at a home for more than ten hours and the seen north, and amanda castro is live and the suspect is in custody
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>> reporter: that's right, the suspect is charged with second degree murder, and now we don't have a lot of information and investigators are not saying much, we don't know the suspect's name, the relationship to the victim, or even how this shooting happened. the second home on sheila drive in apopka, the scene of a fatal shooting, happened on 1:30 saturday afternoon. the house was blocked off with yellow tape and was like oh my god, what is this? >> reporter: the task force says destiny barkman was shot by a sixteen-year-old suspect who was arrested and charged with murder. a neighbor said he went to wekiva high school with destiny where she was freshman. >> she was running and laughing with a friend the other day like nothing was wrong. and all of a sudden she's gone. >> reporter: investigators
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into the night looking over evidence, inside and around the home. authorities also questioned witnesses and neighbors tell news 6 a man and several children lived in the home for past few months and they them biking and walking in the neighborhood. investigators are not saying if the victim and suspect knew each other, or if they lived in the house. and they are still trying to figure out what led up to the fatal shooting. her classmates described her as a happy girl would rode the bus to school every morning, and investigators are telling us they aren't looking for any other suspects in connection to her murder. we are working to get more information and have the latest on-line at clickorlando.com and tomorrow morning during the news thank you for that update, the second teen killed in less and week, the accused gunman michael anderson made his first appearance in court this this
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as an adult. detectives say he was selling marijuana to antoine davis the night he was shot and killed fined lying on the sidewalk. tips from the community led them to the suspect's 18 jold girl who gave them information on anderson's whereabouts. anderson is charged with second degree murder, his girlfriend is charged with accessory and tampering with evidence. temperatures at the arnold palm are invitational, hasn't people dressed up in ponchos and had umbrellas as rain rolled through central florida. we could see more showers tomorrow? >> i have some of the rain a radar, and we won't take it totally oust forecast for a while, and knew what the winter parks art festival got hit hard. from the gulf of mexico, where
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will show you a big wall of water marching across central florida and it has so much potential to create lots of rain, much needed rain, rain that we needed, especially in brevard county. it got hit pretty good today. look at that, an inch of rain, zero up in the cape, and sanford with 1700th of an inch. villages pretty good but we could have used so much more in central florida, and long range forecast to later on. i will show you where the chances of rain are returning to the forecast. let's talk about tonight, mild and showers possible, a 50 or 60% chance of rain and so moist and humid and cold front tries to rush in and that could kick off another round of rains and we might have a report at 3:00 in the morning and boomers pushing through the day. going down to south florida, some the rains are scattered around the area a lot pushed out
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beyond the reach of the radar or rained itself out. temperature-wise sticky tlup. 69 in orlando and 68 in sanford. over and around the cape, we are talking 69 and 70 in cocoa beach, palm coast 65 and these temperatures will be so much different tomorrow night, and then on monday night, too. i will tell you about this, but the big deal now is getting through the next 24 hours because the chance of rain is up about 60% for tomorrow morning, especially. windses are calm but 9 and three atlantic. if you want to go to the beach tomorrow, things look iffy, for tomorrow. and going to the beach things look iffy because we will have a very high rip current threat. but i'll tell you more in a little bit. >> you can track the storms any
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and you name it, just search wkmg in the app store. a crime tracker, a man dead following a shooting outside the palm grove apartments in orlando. that is when wd judge drive, they have located what they believe is the suspect's vehicle. we are told that victim died from injuries at the hospital. they say the victim was targeted and this was not a random act. if you have any information about the crime, you are urged to call crime line. a man continues to fights for his life tonight after stray bullet hit him. the bullet deputies say came from another man who was mad at his girlfriend, the innocent bystander was shot while he was working on a fence next to the magnolia court apartments. the victim just had a baby this week. police caughted accused shooter, and he is now charged with attempted murder.
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we are his bird attacked for decades reunited after news reports that help to bring them home. mike millard was i posting flyer after flyer, hoping someone knew what happened to his best friend, spike. the parrot went missing during bike week in daytona beach. someone turned him into the seminole county bird sanctuary. mike posted this picture on social media, taking the grass of god, thanking the grace of god for returning spike. the festival in day 2, big acts like eric church taking the stage tonight. fans are getting pumped up for the big weekend. >> reporter: runaway country crowds are bigger and larger than ever with a new venue closer to orlando. >> ten countries and just about
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>> reporter: the sixth annual runaway country is welcoming more with a roaring new crowd. after showers couldn't keep away these country fans, or the new sixteen with double the space, osceola heritage park has room for more campers and outdoor games. this is the first year of a ten-year contract and we have cool plans for the facility. there is a lot of room and we can add different features and it will and destination event. >> this was a beautiful park, we outgrew it, 40,000 people. >> coming, kenny chesney. barefoot up i loved that. >> reporter: the festival gross 30 to 40% every year. >> no one thought it would survive year one with miranda
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killed it. >> we have families who met in the campgrounds and rv together, those are awesome stories and they send us pictures from the very first year. >> reporter: a bigger part next year, the organizers say they are planning on acquiring more property for satellite campsites and a bigger intent takenment next year. reporting in kissimmee, news 6. looks like fun, one more chance to head it, it wraps up tomorrow. the race for the white house heating up again tonight. anti-donald trump protesters blocked an arizona highway and created a traffic nightmare, cars backed up for miles, donald trump had something to say about what happened at his rally. >> they brought, they chained themselves to the cars, about 50 of them. and listen to this, what the
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out, they didn't. it took like two minutes, they cuts them and arrested three people and everybody else left. right? [ applause ] >> we are told that highway is a main artery to the area. and in new york, more than protests there, a marine, crowds of demonstrators gathered but police were forced to pepper spray the protesters, after several people started to throw water bottles at officers and police made several arrestss of people who stopped to snap photos of the scene. a cargo ship is scheduled to take flight on two tuesday aboard an atlas 5 rocket. ula launched the last orbital cargo mission in december. this is video from that launch. the new will mark their fifth cargo mission for nasa. four month international manhunt
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those paris attacks captured. next at 11:00 the charges he is facing and why attorneys believe company be back in france sooner rather than later. and a gunman in convenience store making demands but not for cash. find out what he ended up stealing. >> don't cancel your plans for tomorrow, music festival or arts festival for the invitational a great day but still a chance of rain, especially in the morning and we'll talk about that in a few moments. >> the investigation whoo what brought down a major airmner russia killing everyone on board. details at 11:00.

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