A jury acquitted two Pacific Beach men Friday of attempting to rob another man last year, about six months before the victim was slain.
The same San Diego Superior Court jury deadlocked, 10 to 2, for acquittal on burglary charges against Andrew Weisiger, 28, and Ethan Tai Shaw, 20, and Judge John Thompson declared a mistrial on that charge.
The case involved an incident at 3:30 a.m. on Nov. 11, 1990, at the former residence of Kelly Shaw, 52, who was not related to Ethan Shaw.
Kelly Shaw, who was found beaten to death last April in his new residence, called police, saying two men were trying to break into his home. Weisiger was wounded by a shotgun blast fired by Kelly Shaw, who said he fired after two burglars broke in through a back door.
Kelly Shaw's words at the preliminary hearing were read to the jury this week at Weisiger's and Ethan Shaw's trial.
Jurors were told that Kelly Shaw had been slain, but that the slaying was unrelated to this case and defendants. They also were told that Kelly Shaw had on occasion provided cocaine to young men in exchange for sex.
Jason Anderson, 21, of Pacific Beach is charged with murdering Shaw by hitting him over the head with a frying pan. He is also accused of beating Shaw's female roommate, Georgia Gregg, 56, to death with a liquor bottle when she discovered Shaw's body April 1.
Special circumstances allegations have been filed against Anderson, who could face a life term without the possibility of parole if he is convicted of both murders. His trial is set for Oct. 29.
Weisiger's attorney, G. Anthony Gilham, said Friday that Weisiger was shot while he was outside Kelly Shaw's residence, not during a break-in. He argued that Kelly Shaw could have created the entire situation, including kicking in his own door.
Thompson ordered the two co-defendants to report to court Wednesday to see if the district attorney's office wants to proceed with a retrial on the unresolved burglary charge. The prosecutor could not be reached for comment Friday.