Acquitted

90 minutes on Thursday before reaching the verdict.

Villifan-Andrade, walking with the aid of crutches due to a foot ailment, did not comment about the verdict as he was escorted from the courtroom by sheriff’s deputies.

“I’m very elated at the verdict. The client had a lot at stake. It was a tough case. I applaud the jury’s verdict,” said Norristown defense lawyer John I. McMahon Jr., who represented Villifan-Andrade.

Despite the acquittal, Villifan-Andrade will not be released from the county jail immediately as he must still resolve U.S. Immigration issues that he faces. At the time of his arrest, Villifan-Andrade admitted to detectives that he had entered the U.S. illegally through Texas in 2012. He was married to a U.S. citizen and was working to update his immigration status and was gainfully employed as a painter at the time of the shooting.

“We stand by our evidence in this case but I do respect the jury’s verdict,” county Assistant District Attorney Laura Bradbury reacted to the verdict.

The legal issues of justification and the use of deadly force were at the forefront of the three-day trial presided over by Judge Steven C. Tolliver.

Under state law, a person commits voluntary manslaughter if they intentionally cause the death of another person with the unreasonable belief that the killing was justified. A conviction of the charge could have carried a possible maximum sentence of 10 to 20 years in prison.

During the trial, Bradbury argued Villifan-Andrade was “angry and wanted revenge” and engaged in “vigilante justice” when he fatally shot Greene moments after Greene robbed him at gunpoint inside his apartment.

“This is a case about rage and revenge. He chose to take matters into his own hands and ignore the laws of this country,” Bradbury argued during her closing statement to jurors, suggesting Villifan-Andrade’s actions were not justifiable or lawful.

As Greene fled from the residence, “the threat had ended” and Villifan-Andrade could have locked his door and called police but instead chased Greene, Bradbury argued.

“Yes, Christen was wrong for the initial interaction but that threat was over and the defendant reinitiated the interaction. He chose to chase Christen,” Bradbury argued.

While giving chase, Villifan-Andrade tripped Greene, seized Greene’s 9 mm handgun and then shot at Greene three times, striking him twice, as Greene continued to run away, testimony revealed. After emptying the gun, as Greene lay wounded on Lafayette Street, Villifan-Andrade then used the gun to beat Greene in the head.

“He didn’t deserve to die. He didn’t deserve for the defendant to take matters into his own hands,” Bradbury argued. “This was (Villifan-Andrade’s) anger, his intention to shoot and kill Christen Greene.”

But McMahon argued prosecutors did not have sufficient evidence to prove Villifan-Andrade had the specific intent to kill. McMahon implied VillifanAndrade’s conduct was justified and that VillifanAndrade shot at Greene to “stop him” but not to kill him.

“He had split seconds to decide what he was going to do in this horrific situation that he did not create or cause. You’re darn right he was angry. Undoubtedly, he was upset. But he didn’t want to kill the man,” McMahon argued during his closing statement.

McMahon argued Villifan-Andrade shot at Greene because he believed Greene was running back toward VillifanAndrade’s home that was still occupied by VillifanAndrade’s wife.

“Mr. Andrade maintains he was acting in the defense of others. He was in fear for his wife’s safety,” McMahon argued.

With the weapons charge, prosecutors alleged Villifan-Andrade was not lawfully permitted to possess a gun because he was residing in the U.S. illegally.

But McMahon argued Villifan-Andrade seized Greene’s gun “out of necessity” to avoid harm and “to prevent a greater evil.”

“Necessity is a complete defense of Mr. Andrade taking that gun,” McMahon argued, adding Villifan-Andrade was in fear of Greene who at 5-feet 11-inches tall and 230 pounds was much larger than the 5-foot 4-inch tall and 140 pound VillifanAndrade.

Villifan-Andrade did not testify during the trial but McMahon and co-defense lawyer Edward J. Rideout III called on three character witnesses who testified on Thursday that VillifanAndrade had a “good” reputation for being a peaceful and nonviolent person.

An investigation began when Norristown police responded to DeKalb and Lafayette streets for a reported shooting and found Greene, suffering from apparent gunshot wounds, lying in the roadway on Lafayette Street.

Greene informed arriving officers that VillifanAndrade was the person who shot him. Detectives said Villifan-Andrade was at the scene and immediately cooperated with police and placed a handgun on the ground.

Greene was transported to Mercy Suburban Hospital where he was pronounced dead at 4:01 a.m., according to the criminal complaint filed by Montgomery County Detective John Wittenberger and Norristown Detective Charles Leeds.

An autopsy determined Greene died of multiple gunshot wounds with blunt force trauma to the head. A bullet wound in Greene’s left rear buttock indicated that his back was to the shooter when he was struck, court documents alleged.

Testimony revealed the bullet that entered the buttock traveled to an artery, one of the largest blood vessels in the body, and caused severe blood loss.

When detectives interviewed Villifan-Andrade he said that he arrived at his DeKalb Street apartment and was confronted inside by an intruder, Greene, who pointed a gun at his head and chest and demanded money, according to the criminal complaint. Villifan-Andrade told detectives Greene removed cash from his wallet and then fled from the apartment.

Villifan-Andrade admitted he gave chase, caught up to Greene and tripped him, causing him to fall into the street and drop

his handgun, according to the arrest affidavit. Villifan-Andrade allegedly told detectives he picked up Greene’s gun and fired at Greene as he was running away on Lafayette Street back toward DeKalb Street.

“I really didn’t want to shoot the male but I was afraid what would happen if he got back to my apartment,” Villifan-Andrade told detectives, according to testimony.

Investigators recovered three fired 9 mm cartridge cases, one fired bullet and one unfired round from the scene. It was determined the shooting occurred approximately 185 feet from the entrance to Villifan-Andrade’s apartment, according to the criminal complaint.