QUESTA, N.M. – The second-degree murder trial of Questa teenager Porfirio Brown ended in a hung jury this week. Eight jurors found the fourteen-year-old not guilty, while four found him guilty.

His charges stem from a shooting at his home last summer.

“The story is that my client shot a 13-year-old girl in front of the 13-year-old girl’s brother and girlfriend,” said Lizzy Bunker, Brown’s attorney.

She says the jury had questions about several pieces of evidence, including the initial 911 call.

“The story has been that my kid wanted to create this drive-by story. But if you listen to the evidence on the 911 call, it’s actually the brother who first tells 911 his sister was shot in the drive-by,” said Bunker.

Jurors also reportedly asked about a hug between Brown and the victim’s brother.

“On body camera, while the girl is laying there dying, the brother actually comes up to my client and gives my client a huge hug. And so to me, that was very inconsistent, because why are you hugging my client if he just shot your sister?” said Bunker.

Bunker says all jurors agreed on one thing.

“Even the four that thought he was guilty said that they thought this was an accident, and so what they’re trying to charge him with is intentional murder. And all the jurors unanimously agreed that whoever the shooter was, this was an accident,” Bunker explained.

District Attorney Marcus Montoya says it’s likely his office will re-try the case.

“Guns and gun violence and gun control are very serious issues, and this was unnecessary and very traumatic loss of a young life. We can never say that often enough or loud enough,” said Montoya.

Porfirio’s dad, William Brown, was scheduled to go on trial later this month. He is the first person charged under Bennie’s Law for not properly storing guns.

But Bunker says Porfirio might go on trial again by the time his dad goes on trial, because of scheduling.

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