A Southcrest businessman accused of fatally shooting a partygoer at a social hall in 2006 was acquitted yesterday of first-degree murder and assault.
However, the jury in the case involving Virgil Gordon, 72, was unable to reach verdicts on several other charges, including second-degree murder, manslaughter and negligent use of a firearm. The six-man, six-woman panel had deliberated for about three days.
San Diego Superior Court Judge John S. Einhorn declared a mistrial on those counts and scheduled a May 30 court date for the lawyers to discuss how to proceed.
Jurors split 10-2 in favor of acquittal on second-degree murder. They voted 7-5 in favor of acquittal on manslaughter, and 9-3 in favor of guilt on negligent use of a firearm.
Gordon, who remains free on $750,000 bail, is accused of killing Silverio Rivera Cruz, 39, of Chollas View. Rivera Cruz was unarmed.
Gordon owned and operated the Southcrest Cultural Arts Center on Alpha Street, where the shooting occurred July 16, 2006. The Morales family had rented the hall for a quinceañera, a traditional celebration for Latina girls turning 15.
During the two-week trial, prosecutors said Gordon argued with the girl's father, then told family members to clear out as they were cleaning up shortly after 1:30 a.m. According to testimony, tensions flared and Gordon pointed .357-caliber Magnum handgun at several people.
Prosecutors said that when Rivera Cruz approached Gordon, motioning for him to calm down, Gordon hit him in the head with the gun and then shot him in the neck.
Paul Pfingst, Gordon's lawyer, argued that Gordon was cornered by several men, most of whom had been drinking, and pulled out his gun in self-defense.
Gordon testified that Rivera Cruz had grabbed him by the neck and punched him repeatedly. Gordon said he hit Rivera Cruz twice with the gun, causing it to fire accidentally.
Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com
