Vista

Mark Raymond Phelps was found guilty Thursday of attempted murder in the wounding of a sheriff’s deputy.

However, Phelps, 28, of Vista, was found innocent of premeditation in the machine-gun attack on Deputy James Bennetts in the July 31 incident in Vista.

The San Diego Superior Court jury will continue deliberating today on a second attempted murder charge, involving shooting at Deputy Alfred MacKrille on Aug. 2 in San Marcos.

Judge William Mudd set sentencing for April 14 in Vista Superior Court.

Attorneys are barred from commenting on the verdict because of a gag order.

The jury found that Phelps committed great bodily injury against Bennetts, who was wounded in the shoulder and spent five days in the hospital.

The acquittal on the premeditation charge means that he will not get a life term. He could receive nine years in state prison for the attempted murder charge plus three years for the great bodily injury allegation.

Jurors began deliberations Monday, but were interrupted several times and Thursday was their first full day of deliberations. After discussing the case for 2 1/2 hours Monday, they asked to rehear testimony from Bennetts, MacKrille, and three other witnesses. That rereading was not finished until Tuesday.

On Wednesday, the jury had deliberated for an hour before the courthouse was closed by a sewage spill in the basement. Jurors were sent home for fear that the water in the building was contaminated.

“Your task is not yet done,” Mudd told jurors upon recessing for the day Thursday and after reading the partial verdict.

Phelps’ attorney, John Emerson, said in closing arguments last week that both deputies fired first and that Phelps fired back in self-defense. Both deputies denied firing first.

Phelps remains in Vista Jail without bail.