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A Florida jury has convicted Cristobal Palacio of second-degree murder and two counts of child abuse in the October 2008 shooting death of his ex-wife's British husband, Paul Winter, in front of her children, NBCMiami.com reported.
Palacio, 46, was charged with first-degree murder in Winter's killing in Palacio's Kendall driveway.
But the jury Friday night opted to convict him of the lesser murder charge instead, as well as child abuse. Palacio shot Winter six times, including twice in the back, in a jealous rage in front of his 6-year-old twins and his ex-wife, Jennifer Winter, according to authorities.
Jurors deliberated for almost 20 hours over two days before coming back with their decision.
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"I don't know what case they watched," defense attorney Michael Walsh said. "I don't know what facts they listened to."
On the last day of his trial on Wednesday, Palacio tearfully told the jury he acted in self-defense.
He said he thought Winter, who wasn't armed, was going for a gun.
"He comes out like he’s so pissed, angry, I mean, you could see the veins,” Palacio said. “I hadn't done nothing to this guy. He starts coming at me."
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When the verdicts were read Friday, Palacio did not show emotion. He looked forward and blinked.
"He's just in shock," Walsh said. "He doesn't even know what just happened."
Walsh also explained why his client shot six times.
"When you squeeze that trigger, you can fire 10 bullets in less than three seconds, so in three seconds when your life is threatened, you're not really counting bullets, you're just squeezing," he said.
Winter, originally from Tunbridge Wells, had moved to Miami in 2007 and married the ex-wife of Palacio, a fraud investigator for Citibank, the Daily Telegraph reported.
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The graphic designer, 42, was in the process of applying for U.S. residency and had planned to open a bed and breakfast with his American wife, whom he met through an online gaming website, the Telegraph reported.
During the trial, Jennifer Winter told the court: "He walked up to my husband after he was laying face down and he shot him more in the back, after he was already dead – he shot him more in the back."
She wept as she described the moment after the shooting, and said: "Why did you do this? Why did you kill my husband? How could you do this? Then he just smiled like he was so proud of himself."
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He didn't do nuthin wrong! He was standing his ground! You saw the veins! You saw 'em! Big veiny veins!
You're right. How the hell he got convicted of more than firing a gun within city limits [6 counts], I'll never know.
There's no justice in Florida.
Another case were CAPITAL PUNISHMENT is well called for..... Instead we look for the day this SCUM BAG gets released and does it again.....
OhGuy............
Hell hath no fury like a woman scorned..............oops a irrational ex husband!
Agreed - I am so tired of the perpetrator having rights, and.................... bleeding hearts, AND....................... appeals at the tax payers expense...............he committed a capital premeditated offense now his day(s) are up!!
Obviously, the jury did not agree; they could have convictim him the more serious charge. There is more to this story than that part to which we are privy. My guess is that the shooter was there to pickup or drop of his children. So, why would the lady's new husband approach her old one at such a child exchange. Often the new husband is a bully and uses intimidation against the old one; interfering with his parenting rights. It could be, that he was carrying the gun because they had had past conflict and he was threatened. We are unlikely to ever know the whole story - so all we can do is trust that the jurors acted justly.
Except, maybe, for those two more bullets in his back...? Hhhhmmmm.....
That's the kicker for me, if it happened the way she said? Trust is earned.
David, I suspect that you are reading something into the story from your own life, or from the life of somebody close to you.
Why would the lady's new husband approach her old one at such a child exchange?
Maybe because "her old one" had shown a history of violence or bullying, and the wife asked for him to be present.
That sword cuts both ways. There is often an undercurrent of animosity between previous and present spouses in such situations. But, I've read and heard of at least as many instances where the ex-spouse, be they a man or a woman, just cannot let go of their anger, jealousy, and sense of loss, causing them to behave in an angry or bullying manner.
...and the dead man was shot 6 times. How was that self defense, even in Florida?
@David: You're just speculating on what happened. Bottom line was that the present husband had no weapon and was still shot even though he was already dead on the ground! Why was the ex carrying a gun in the first place? This only goes to show you that the ex was a danger to others including his children. The ex should be prisoned for life but the court system always go for plea bargaining. Don't blame people who can't defend themselves which are the dead victims.
While the stand your ground law in Florida is somewhat vaguely worded and needs to be tweaked rather than eliminated, the only reason for the jury's decision is that they were undoubtedly a bunch of bleeding heart liberals. And no, we don't have a justice system in this country. It's a legal system. They are two different things. And a majority of those that make the laws, belong to the same group that will argue them in court. Justice system, my a$$.
Justice system, my a$$.
You can always move to another country, where those arrested have no rights (including no access to an attorney), where you're guilty until proven innocent, the burden of proof lies with you, and the word of one witness is enough to convict you.
What the hell was this guy doing by the ex-husbands house in the first place. Anyone with any intelligence should avoid these types of situations because in most cases they are emotionally charged. Even a small spark sets unintended destruction . This guy should have stayed in the car or not come at all. The ex wife should shoulder some blame for this.
He was dropping off the kids for a court ordered visitation. He probably felt that he needed to be with his wife in case this wacko started to do something to her. How the hell can you play "blame the victim" here?
i find it rather hard to comment considering we are missing 75% of the real story. Sounds as if... he shot the guy coming out of his house.... but the guy was shot in the convicted's driveway. meaning he was packing when the guy pulled up. how many steps from a car/truck does it take before out of ones driveway, and taking the short cut to your target take? 2-3? unless walking up the driveway. i wouldnt waste my time walking up a driveway if i was looking to kick some kiester.... if i were to the point i had veins popping out mad.
not to mention, unless you have a fully auto-matic handgun, you are not pulling off 10 rnds in 3 sec. IF you can pull 10 accurate rnds, it takes a few more, thus to add walking up, and putting 2 in someones back as they lay dead/dying. 5 maybe. even a 25 cal auto the most controllable little thing there is you wont get other than 7 tops at point blank making their target in 3 sec. Reason being, even those have recoil.
srbinat, your comment is showing your ignorance. Get real.
My cousins in Europe email me every week horrified by all the gun-toting murderous events that occur daily in the United States. They have such a misconception of the U.S. in terms of fearing for my life. They think everyone carries guns and can shoot at will. I always try to placate them, but I am beginning to see how they are getting these impressions----just by really paying attention to domestic news stories lately.
An average of 74 people die by gun every day in the US. That is over 27,000 per year. The majority (about 60%) are suicides. 30%, about 9000 a year, (25 a day, over 1 an hour, )are intentional murder. The rest are accidents or undetermined cause. Is this a problem?
Well Sarge, would you feel better if 50 of those 74 killed by guns every day had been pushed out of windows instead?
Most people could fight off someone trying to throw them through a window compared with a piece of lead coming at them at 1000 mph.
My cousin got shot - he survived. My best friend got pushed out a 2nd floor window - he died. Me, I'd rather get shot.
And no, "most" people are not necessarily able to fight off an attacker. Quit blaming the victim
Sarge, yes it IS a problem.
he may not, but the liberals would. there isnt the drama story when someone decideds to jump to their death, vs just getting it over with. they like to see bats and knives used for home protection when the criminal has a gun. it just makes it easier for them to justify themselves. out of the billiond of firearms in the hands of the public, if this were a serious issue other than the closet kittens being terrified by a loud noise, there would be a higher murder rate than we have now by far.
Why is it that conservatives are so quick to make everything a political issue but use such poor grammar and spelling in their posts? Want us to take you seriously? Start by writing as if you have some measure of intelligence.
"Let it go. Just let it go! Do you want me to arrest you? Come on. I'm trying to do you a favor. This is FLORIDA! Just let it go and get out of here, will you, for old times sake! It's FLORIDA, Jack!"
Good one, art. :DDD Made me smile even though I'm a Floridian.
Guess she should not have cheated on her original husband with this new husband. Think about it. Why do you think they gave him 2nd degree murder? I feel bad for the victim but I have no sympathy for the wife. She put both men in this situation. Were she faithful with the suspect, the victim may still be alive.
You are right! Why don't people stay the heck married! Some people have a problem with committments and that's totally childish and irresponsible. Sad really.
Marriage is a sham anyway...made up by humans. Sorry, if signing your life over legally to someone is a sign of maturity then hell, I'm happy being immature.
Prenups. Would'nt get married without one.
Yes, be sure to demand ownership of all firearms acquired in the course of marriage.
Whats the hoe worth it?? No. Will it be fun being the new hoe on the block? No. It is a wasted life.
Hell yeah, let's blame the woman. It must be her fault. Women are EVIL. They MAKE men shoot off their guns. Why, these two men could have been real good buddies if it weren't for HER.
[/sarcasm]
Ripklawe---how do you know she was unfaithful? If her ex could do this, he must have been a gem to live with while they were married.
It all because of gay marriage. That's to blame. Gay marriage is ruining straight marriage.
zafada_dynamic... where does it say you have to sign your life over to your spouse? Did I miss something here? I didn't sign my life (nor my investments) over to anybody when I married my husband 25 years ago.
I waiting for someone to say it's Obama's fault.
I was thinking something very similar. I've learned that you generally reap what you sow and wondered about the actual circumstances in this instance. What was sown that caused such a reaping?
It's Romneys fault, if he had not closed the husbands plant the other man would have been out of the picture.
Yeah, dang it. if we women would larn to take our beatin's and get that food on the table before our arses (the old men) get home from work, we'd stay married longer. My dang guy threw me out fer another'n cause I cudn't meet his high standards. My uncle Doug says "A woman without her man is like a woman without her arse." He should know cause he's a self proclaimed arse. Hole ee cow! I think I've said enough!
Peace out!
she didnt cheat on her first husband with her second husband, are you a moron or what? getting married to someone else doesnt mean she is cheating on her former husband. get back on the short bus and shut up.
2nd degree murder and he supposedly shot him while he was laying down?! Why was he even there confronting him in the first place. NOONE has the right to take someone's life, no matter what. This is despicable.
Would you have opposed if someone shot the Aurora theater shooter?
Ryan....................I agree the Aurora shooter was wasted sperm!
No one should shoot anyone except in self defense. And they should not lie about its being self defense. I'm tired of "Oh I was afraid I thought he had a gun!"
Only 5 people know what really happened; the shooter, the dead man, the wife, and the 2 kids.
The public gets the version that the lawyers say happened.
Unbelievable! You can't claim self-defense when the other person doesn't have a gun!
Baldman, in Florida you can, just ask Trayvon Martin. Oh wait, you can't. He was shot dead. Unarmed. By a wanna be cop.
"The South Miami-Dade judge refused to dismiss the case under the Stand Your Ground law in a hearing last week, when Palacio argued he acted in self-defense."
Apparently you can in Florida...
HeretoOpine, you sound like the person who thinks "Guilty until proven innocent", right?
Riverman, in these times, with enough evidence, Hell Yes!
Here2Opine: In that case I find you guilty........of being an idiot.
Cmdr358 I appreciate your opinion, we're all entitled to have one. I would, however, replace your term "idiot" with the term "realist". Happy Sunday!
"When you squeeze that trigger, you can fire 10 bullets in less than three seconds, so in three seconds when your life is threatened, you're not really counting bullets, you're just squeezing,"
Didn't know full auto pistols were legal in FL
They are called Glocks, go to a range where they can let you go wide open. It's easy if you try.
I caught that too. You can barely count to ten in three seconds. Thats 200 rounds per minute.
My ex-wife was just at my house with her new man. We laughed, joked and talked about my new computer toys. I think all relationships with ex-spouses should end up this way. It's better for everybody involved - most importantly, the kids.
Life is too goddamned short to get jealous. Let your ex-wife move on, and move on yourself.
it's that last part...."move on" that soooooooo many people just can't do. Hey, I admit it can be hard, but seriously, to the point of murder.....not even in the ballpark.
... it could be that the new man was interfering with his parental rights -- simply unwilling to recognize the ex's husbands right to be an involved parent. Why else did he not wait inside and watch from a window during this child exchange?
Barry,
So often the ex wife won't let the ex husband move on and she spends a lifetime trying to wreck havoc. How often has anyone ever heard a man say I want the house and plan to take HER to the cleaners!
Well, I've heard plenty of men say they want the house, and they can't take HER to the cleaners because all they'll get is the $10 an hour she makes checking at Walmart... If they even pay that much.
Spoken like a true gentleman, Barry. Wish more will listen.
I realize that not everybody has the same luxury that I had. My divorce was very painful, and I was EXTREMELY angry at her. Did I want to kill her? No. Did I want to hurt her? Maybe just to show how much pain I was in.
I also understand that some divorces get so bitter that it ends up in murder. It's a terrible shame that it has to get to that point, but we're all human. We get hurt, we get angry, and we lash out.
What helped me was finding ways to keep my mind occupied. I started on a pilot's license and did the things I couldn't do while married. I dove into work. Anything to keep my mind off the fact that my world had just unraveled. I also focused on my son. I made sure that the new arrangement wouldn't have a negative effect on him.
In the end, my ex and I are good friends, and we're both focused on our son. We purposely avoided lashing out at each other and did our best to make the new arrangement work. If you can get to this point with your ex, I highly recommend it. It WILL make your life much easier if you're not focused on ways to get back at your ex.
Also, I agree with the problems caused by new spouses interfering with the children's relationship with their biological parent. THAT is wrong! I got lucky with my ex's new man - he's GREAT with my son! He's made it very clear that he's not trying to replace his dad. That's really all I care about. As long as he treats my son well, and doesn't interfere with my relationship with him, we're golden. The way I see it, that's one more responsible adult that cares about my son's well being.
the guy says he was terrified, the husband started coming after him, he was in fear of his life.
The wife says he shot the guy in cold blood, walked up to his lifeless body and pumped another round or two in him, look at his wife, smiled and walked away.
What does it take t get a first degree conviction in Florida, a published ad two weeks in advance? Returning his kids while carrying a weapon? He set out to kill and he did. Wake up Florida!
Oh, we're wide awake here, and being kept that way by the constant barrage of gunfire... :P
Tom, do you know what constitutes First Degree Murder? In the United States it generally means that premeditation must be involved- in others words the accused willfully and with malice aforethought set out to intentionally kill another human being. Aside from that there are several predicate crimes which during the commision of, if a person is killed, First Degree Murder may be charged.
So you see Tom, it's not because YOU say so that First Degree Murder is charged it is done in accordance with state statutes. Does your state do it differently? Take a look at your own statutes and I'll wager that they arm at least nearly identical to Floridas.
we are just fine here in florida. and all the shootings will hopefully keep all of you from coming here. :P
go to new york city where gun violence is rampant and they have the strictest gun laws in the country. the only people who have guns in nyc are the criminals.
Gun violence is NOT rampant in NYC. Cite some legitimate sources please, not some NRA BS.
What's with the self defense crap in this case? Even sadder is that the jury apparently was convinced of it. UNBELIEVABLE!
Weird, generally it's only women that get away with murder.
If the victim were wearing a hoodie and walking casually in the rain, then stand your ground would have worked
Ignorance....man did you get a double dose of it.
Bwaaaahhhhhhhaaaaa. Now he will get all the prison sex that he can handle. Bet he can't wait to be held down and feel that big kcoc ripping his ahole apart.
"I meant to give him maybe one or two bullets. Who's counting? C'mon! Cut me some slack here people! It's Florida...."
Why would this guy show up to drop off or pick up his kids with a gun? This does not seem like "self defense" to me.
Why did he bring a gun to pick up his children?
if you are a gun carrier, you dont just bring it if you think something may happen. you carry it all the time. thats the point of a carry permit. but you dont even need a permit to carry one in your car in florida any way.
Shooting some one in the back 4 times then walk up to the dead man and shoot him 2 more times sure sounds like self defense according to Zimmerman. They must have the same lawyer.
This guy Palacio sounds like a cop. That's what the cops say when they shoot someone 6 times in the back - "I thought the guy was going for his gun."
It's amazing how many idiots know beyond any resonable doubt what happened and consider themselves qualified to find guilt.
The jury deliberated for 20 hours - doesn't sound like there were no questions as to the extent of guilt.
The victim came out of the house and confronted the shooter. There were no charges of assault with regard to the ex-wife so the victim wasn't coming out to protect her, he just wanted to confront the ex-husband.
Simple minds always resort to "Don't blame the victim" - Well in the real world, sometimes it is the victim who starts the chain of events. The force used may have been excessive but who instigated the confrontation?
Now 4 lives are ruined the victim, the shooter (ex-husband) and the kids - If the new boy friend had stayed in the house and let the ex-wife and ex husband work out what they were discussing and/or arguing .... Who's blame is this tragedy really.
It's florida. Enought said.
Wow
With intelligence, wisdom and wit like yours; sure hope your mommy doesn't let you play with sharp objects.
I wonder how many more people would have died if that batman movie killer had opted to 'toss' people out of a window instead of using that relatively ineffective AR-15 and shotgun. OMG I can only imagine the carnage as those poor people would be forced to stand in line next to a ledge and then get pushed off one by one. And we can only thank god he did not have a knife or a fork or some other terrible weapon instead of those toys he used, he could even have brought a rock!!!!
Guns don't kill people, people do, and nuclear weapons don't kill people, people do, so lets let anyone that wants one get a nuke.