Man faces 32 years in 'heat of passion' crime

A Weld County jury convicted Gilbert Aguirre of several charges Friday, but exonerated him on a few others.

He faces between 10 and 32 years in prison for the toughest conviction, first-degree burglary for breaking into the house he used to share with his common-law wife, Michelle Carrillo.

Jurors convicted Aguirre of attempted second-degree murder against Adam Rodriquez, whom Aguirre found naked in Carrillo's bathroom on March 19, 2004. Aguirre also was convicted of first-degree assault against Rodriquez, whom Aguirre shot twice.

Jurors also convicted Aguirre of second-degree assault for shooting Carrillo in the forearm. He faced attempted first-degree murder charges for that.

Aguirre's lawyer had argued Aguirre was provoked to anger by Carrillo's infidelity, and whatever he did was under a "heat of passion."

Jurors agreed with that, saying the assaults and attempted murder happened during a heat of passion. That will greatly lessen the penalties Aguirre will face when he is sentenced April 18. The sentences might be added on top of the burglary sentence, but that is up to the judge.

Aguirre's attorney, Dion Custis, listened to the verdicts over the phone as Aguirre sat alone in a dress shirt at the defense table.

He did not react visibly as the verdicts were read.

Various versions of what happened emerged during the four-day trial, with prosecutors disagreeing Thursday with testimony from their main witnesses, Carrillo and Rodriquez.

Aguirre's relatives watched the trial and the verdict, but none of them wanted to comment Friday.

WHAT'S NEXT

Gilbert Aguirre will be sentenced at 3 p.m. April 18 in Division 12 of Weld District Court.