During the trial, Jesus Arrieta-Perez’s credibility was attacked (via Yahoo News). Although he initially told police he didn’t see who shot Richard Milan, after being arrested on a federal weapons charge, he said it was Gutierrez who shot him. However, a murder weapon was never found, and shell casings from the crime scene were never compared to the weapons found in Arietta-Perez’s home. Thus, he gave the trial the best testimony they had against Zachary Gutierrez. Interestingly, Arietta-Perez was unusually composed during his testimony in court — something that Gutierrez’s lawyer feels is due to guilt. That being said, Gutierrez himself has a long rap sheet, including being arrested at age 18 — months after Milan’s death — for allegedly firing a gun at a local park.

Then there’s witness Santiago Romero (via the Santa Fe New Mexican). He did not want to testify, but he did give a statement to the police. According to Romero, he was at a nearby church when he heard gunshots and ran towards them. It’s here where he saw someone standing over Milan’s body. His description of a large person with “grizzly” hair describes Arietta-Perez (who is 240 pounds) more than it does Gutierrez. Regardless, no one has been found guilty of Milan’s murder and the questions remain: Was a murderer set free? Or was the wrong person charged?