Jurors Reach Verdict in Kelly Elementary Shooting

The prosecution called it a willful, premeditated and deliberate attack interrupted only by acts of valor and a jammed gun

By Steven Luke
|  Tuesday, Mar 6, 2012  |  Updated 7:15 AM PDT
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Kelly Elementary Reopens After Shooting


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

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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.

Carlsbad School Shooting Trial Begins

The trial of Brendan O'Rourke begins with testimony from two children injured in the school shooting. NBC 7's Danya Bacchus has more including opening statements from prosecutor Summer Stephan and defense attorney Daniel Segura.
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Jurors have reached a verdict in the case of Brendan O'Rourke, the man accused in the Kelly Elementary School shooting.

Jurors convicted O'Rourke on seven counts of attempted murder and seven counts of assault with a firearm in connection with the shooting on a Carlsbad school campus on Oct. 8, 2010.

In court Monday, Deputy District Attorney Summer Stephan gave the jury a recap of a mountain of evidence submitted against O'Rourke.

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.

"These two girls have a gunshot wound scar that remains with them and will remain for a lifetime," said Stephan.

Defense Attorney Dan Segura did not call witnesses in the first phase and kept his closing argument short urging the jury to keep bias, sympathy, and public opinion out of the deliberations.

"I will stipulate that they're all adorable, cute, innocent children, that's not what we're here to decide," Segura said.

The defense will likely have more to say during the sanity portion of the trial. In court Monday Segura admitted his client is at least guilty of assault with a firearm, but raised questions about whether O'Rourke intended to kill.

"How, how did they got shot? Did they get shot because he was aiming right at them or he was just firing randomly?" Segura asked in his closing argument.

O'Rourke faces 103 years in prison if convicted of all charges.

The trial now moves into the second phase in which the same jury will decide the issue of sanity.

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