SAN CLEMENTE : Mistrial Declared in Shooting Case
A mistrial was declared Thursday in the case against 19-year-old Floyd Avery, charged in connection with a drive-by shooting last Christmas Eve in which a 4-year-old was wounded.
Avery was accused of attempted murder in the attack, San Clemente’s first drive-by shooting. Defense and prosecution attorneys agreed that Avery did not fire the shot that wounded Prisca Caudillo, nor did he pull the trigger in either of two other attacks that night. But they agreed that in each case he was driving the car from which the shots were fired.
After about 10 hours of deliberation beginning Wednesday, the eight-woman, four-man Superior Court jury in Santa Ana delivered not-guilty verdicts on the first three counts, which accused Avery of assault with a firearm against three men near Prisca’s home just before her attack.
The jury was undecided on the 15 counts involving the shooting of Prisca, which left her hospitalized.
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