Jury Reaches Verdict in O'Rourke Case

Jurors determined Kelly Elementary School shooter was legally sane

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    NEWSLETTERS

    NBCSanDiego
    Brendan O'Rourke listens to testimony during the first phase of his trial.

    A jury has reached a verdict in the trial of Brendan O'Rourke, the man accused in the Kelly Elementary School shooting.

    Jurors determined Friday morning that O'Rourke was legally sane when he shot several bullets onto the playground of the Carlsbad school on Oct. 8, 2010.

    He will be sentenced April 20.

    On March 6, jurors convicted O'Rourke on seven counts of attempted murder and seven counts of assault with a firearm in connection with the shooting.

    Verdict in School Shooting

    [DGO] Verdict in School Shooting
    Deputy District Attorney Summer Stephan and defense attorney Dan Segura present closing arguments in the trial of Brendan O'Rourke. NBC 7's Steven Luke reports.

    After the conviction, the case moved into the sanity phase, which concluded Friday. Jurors deliberated on Thursday and told the judge their unanimous decision on Friday morning.The courthouse clerk previously reported that the jury was deadlocked, but the judge said Friday that was not true.

    "This sends a clear message: Don't hurt our kids," said Deputy District Attorney Summer Stephan. "The jury did the right thing."

    "This was not a rash random act of a mad man."

    O'Rourke will receive 103 years in prison.

    During the week leading up to the sanity phase of the trial, doctors testified for and against his sanity. On the final day, a video showed O'Rourke being interviewed by Dr. Park Dietz, a witness for the prosecution.

    In the video, O'Rourke talked about his beliefs of a conspiracy against him, of a satelite radio hovering over him, and how he believed that people at AIG were out to get him. O'Rourke also says he knows the difference between right or wrong, and says the shooting was an accident. He said he was aiming for a tank, not the children.

    "Like if I strained my eye, that ll make [the three visions] look like one person...Then they'll have two others on each side, like real blurry and I would shoot the one in the middle," O'Rourke said in the video.

    He said he did not see the two girls in his line of fire. He said he told the children to go back to their classrooms, and to get out of the way.

    Dietz said the tape shows he planned the shooting. However O'Rourke's lawyer said his client was delusional and paranoid, and his actions that day were the same as someone who acts in self-defense or in defense of others.

    The prosecution called 38 witnesses to the stand in Part 1 of this case, including 11 students, Among the children who testified, the two girls who were wounded in the attack.

    Segura admitted his client is at least guilty of assault with a firearm, but raised questions about whether O'Rourke intended to kill.

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