|Published:||Jul 01, 2011 11:30 PM EDT|
|Updated:||Jul 01, 2011 10:28 PM EDT|
FORT MYERS, Fla. - A man accused of murder in a case where he didn't even pull the trigger was found not guilty Friday afternoon in Lee County court. But, Jarrett Mundle will head to prison for his role in a violent home invasion and police shootout at a Cape Coral Steak 'N Shake.
Mundle and three others were charged with murder because their alleged accomplice, Tyson Richardson, was gunned down by police. The defense essentially admitted to the home invasion charges, but Mundle's attorney was able to convince the jury Mundle played no part in Richardson's death.
Mundle was found guilty of aggravated battery, home invasion robbery and burglary with a firearm. But the defense agreed with defense attorney Jay Britzel's argument that Mundle was surrendering to police at the restaurant parking lot when Richardson was killed.
"If the officer outside the car flinches when he hears a gunshot, why can't Mr. Mundle flinch when a gun goes off in his ear," Britzel argued.
Prosecutors claimed that when Mundle pulled his hands back inside the vehicle he was trying to escape.
Marie Doerr says Friday's verdict won't have any impact on the trials for the other three men in this case.
"The felony murder charge can sometimes be a tough charge to sell to a jury because you don't have an innocent victim," Doerr said, "I still have three other co-defendants in this case so i'll just have to see what the other juries do."
Mundle will be back in court in a couple weeks for a pre-sentencing hearing. The other men charged in this case are awaiting trial.