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Jurors found Cristian Cruz-Partida, 19, not guilty of murder in the South San Francisco park shooting death of his ex-girlfriend’s partner.
South San Francisco resident Cruz-Partida is guilty of felony assault in the April 25, 2016, shootings near Orange Park that left Nicholas Gomez dead and his brother Steven Gomez wounded, jurors decided Friday.
Cruz-Partida was angry that his former girlfriend was dating Nicholas Gomez, the prosecution said.
The defendant is due to return Jan. 8 to set a date for sentencing on the felony assault conviction.
“Mr. Cruz is very happy with the outcome,” his attorney Jonathan McDougall said of the trial.
Jurors deliberated for more than four days, McDougall said.
The assault charge involved Cruz firing a warning shot — which is technically an assault, McDougall said. The warning shot Cruz fired did not deter Nicholas and Steven Gomez, the defense attorney added.
San Mateo County District Attorney Steve Wagstaffe said the victims had no weapons but that Cruz was armed with a handgun.
“He brought a gun to a fist fight,” Wagstaffe said.
Steven Gomez underwent several surgeries because of the shooting, Wagstaffe said.
Defense attorney McDougall said jurors concluded Cruz was acting in self-defense. The victim and his brother had threatened to come back and kill Cruz, McDougall said.
“It’s tragic that a 20-year-old had to die,” the attorney said of the case.
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