Defense attorney asks for probation in attempted capital murder case

June 25, 2010 at 1:25 a.m.

A day after finding Armando Tijerina, 45, guilty of trying to kill is ex-girlfriend and baby, jurors reconvened Friday morning to decide his punishment.

Defense Attorney Dexter Eaves pleaded with the jury to assess a sentence of 10 years or less with probation plus the mandate of paying child support.

Tijerina does not have a prior criminal record.

"Before (the incident) Armando was a law-abiding citizen who never violated the law," said Eaves. "I believe the evidence will show he is eligible and the likelihood that he will ever do something like this again is not likely."

Meanwhile, the state called for the jury to give a harsher punishment than just probation.

"Though he's eligible, he's not suitable," District Attorney Steve Tyler said.

Tijerina could serve anywhere from probation to 99 years or life in prison for the crimes.

Tijerina was found guilty of attempted capital murder, arson and burglary after constructing and planting bottles with flammable liquids and an incendiary device with an electrical timer in the Victoria home of his ex-girlfriend Vanessa Middaugh, 29, on May 9, 2009.



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