Jose Aviles guilty of capital murder

AUSTIN (KXAN) - Jose Aviles was convicted of capital murder Wednesday in the killing of a mother and her daughter last year over his own's daughter romantic relationship with one of his victims.

The jury deliberated for only an hour before arriving at their decision which brought tears from both families when the verdict was read.

The wife of Jose Aviles was escorted from the courtroom after the judge said her cries were becoming disruptive to the courtroom.

Alicia Garcia, a family friend of Norma and Maria Hurtado, was given the opportunity to speak to Aviles.

"(Norma's) only error was loving the daughter that you never cared about," said Garcia in Spanish. "She wanted  the very best for your daughter and you know that."

A medical examiner said Norma Hurtado suffered 20 gunshot wounds.

The verdict triggered a sentence of life without parole after the judge declined to allow jurors to have the option of considering the lesser charge of murder.

Before the sides rested earlier on the second day of the two-day trial, jurors heard interrogation interview with Aviles in which he said he had been drinking the night of the shooting and it was "an emotional situation."

Aviles is accused of killing Maria Hurtado, 57, and her 24-year-old daughter, Norma. because he was upset that his daughter was romantically involved with one of them.

Norma Hurtado and her mother, Maria, were both shot to death at their home on Dixie Drive on April, 18, 2011.

Aviles was arrested the day in San Antonio after the killings. Police said at the time that Aviles was angry that his daughter had been in a relationship with Norma Hurtado. They also said he had previously threatened Norma and that the two families had exchanged words.

Prosecutors have said the killings might have been motivated by Aviles' disapproval of a relationship between his daughter, Lydia, and Norma.

The killings sparked protests and rallies from groups who claimed the crime was driven by hate.

During opening arguments on Tuesday, prosecutors told jurors that Aviles went to the Hurtado's home and fired 14 shots that killed the mother and daughter. Lydia Aviles and her 4-year-old daughter were also inside the home at the time.

Defense attorneys told the jury that by law, Aviles is not guilty of capital murder because he did not intend to kill Maria and that a lesser charge of murder would be more appropriate.

Aviles would be eligible for parole after 30 years if convicted of murder, but would not be eligible for parole with a capital murder conviction.

The defense also made the argument that Aviles was not motivated by hate of his daughter's relationship with another woman,  but his frustration was with his daughter sneaking out of the house and leaving her child behind to see Norma.

Lydia Aviles also testified Tuesday morning about her relationship with Norma.

She said that Norma and her began dating when she was 16 after they met while working at Wendy's.

She admitted her parents and Norma had a heated conversation when discussing the relationship.

The frantic 911 call was played for the jury and they heard Lydia hysterically screaming for help as she tried to help Norma after she had been shot. The dispatcher was heard giving Lydia instructions on how to stop the bleeding.

Jose Aviles sat leaned back in his chair and listened to a Spanish translation of the testimony through headphones.

Prosecutors are not seeking the death penalty.