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Aug 28, 2008 9:53 am US/Eastern

Jury Acquits Accused Shooter Of Estefano

MIAMI (CBS4) ―

A South Florida jury acquitted a handyman of attempted murder charges in the shooting of Latino songwriter Estefano. The acquittal came despite Estefano positively identifying 31-year-old Franciso Oliveira, Jr. as the shooter.

Oliveira's wife and friends let out shouts of joy and tears after the verdict was read. The jury deliberated the case for less than 3 hours. He had faced 25 years to life in prison if he had been convicted of the May 2007 attack.

The prosecution felt they had proved Oliveira's guilt, although no other eyewitnesses, fingerprints, or gun were ever recovered during the case. Prosecutors made the case that this was a case of jury nullification. "We thought there was certainly enough evidence to convict this person of this crime. The jury chose to ignore it," Prosecutor Michael Von Zamft said.

Oliveira was taken into U.S. immigration custody after the verdict. Rubio said the native of Brazil is in this country legally, but now must go before an immigration judge to clear up issues related to the charges brought against him.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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