A Colorado Springs homicide detective asked 13-year-old Daniel Gudino where he was aiming when he fired a rifle at his mother in their kitchen in May 2009.
The youngster pointed to the middle of his forehead.
“Hopefully, right here,” the boy said.
The bullet missed. By then, however, police said Gudino had shot and killed his 9-year-old brother, Ulysses, while he slept and wounded their mother in the kitchen.
“I was hoping it was just a nightmare,” Gudino said on the tape, which was played today during the third day of a weeklong hearing to determine if he should be tried as an adult on charges of second-degree murder and attempted murder.
The boy’s public defenders contend he lacked the intent to kill, citing a history of sleepwalking and hallucinations.
But prosecutors contend Gudino willfully picked the lock of a gun cabinet, loaded his .22 caliber rifle and carried out the May 18, 2009, attack inside the family’s home, at 1837 Chapel Hills Drive.
On Wednesday, 4th Judicial District Judge David L. Shakes listened to a tape of the 911 call that Marina Gudino made while she clung to Daniel moments after he had shot her with a gun and stabbed her with a knife.
“My son, he was trying to kill me,” she told the operator. “He shot me with his gun. I’m bleeding so much.”
“Are you the only one who’s shot?,” the operator asked.
“I don’t know,” she replied. “He said he killed his brother.”
Marina Gudino was holding her son so close that on the tape he could be heard in the background, providing some of the answers to the operator’s questions.
In the courtroom Wednesday, Daniel Gudino sat between his attorneys while wearing earplugs and sound-canceling headphones so he would not hear the 911 tape. His parents, who have attended every day of the hearing, sat outside the courtroom while the tape was played.
The judge also heard from detective Derek Graham, who interviewed Marina Gudino at Penrose Hospital while she was being treated for the gunshot and stab wounds.
Graham gave this account of what the mother had to say:
She had taken another son to school that morning and returned about 10 minutes later to make breakfast for her three other children. Her husband was at work. Daniel, who had dozed off on a couch, seemed normal when she told him to get ready for school.
She was in the kitchen when she looked up and saw Daniel at the top of the stairs pointing the rifle at her. She told him to put the gun down. He fired a shot, hitting her in the right shoulder.
“This isn’t a joke,” she said.
After firing another shot he put the rifle down and rushed toward her, saying “I’m going to kill you.” He grabbed a knife and a scissor and began stabbing her in the arm and chest.
The mother told Graham that her son’s face was "blank" and he looked like he was sleepwalking.
She told him the detective about an incident one year earlier in which Daniel was sleepwalking and had to be restrained by his uncle.
The youngster also suffered from nightmares. The mother blamed violent video games that her son liked to play. Allowing Daniel to play the games was a subject on which she and her husband disagreed, she said.
Graham said he went back that night to visit Marina Gudino after she had been admitted to the hospital. She kept asking about her son Ulysses. After consulting with a chaplin, they told her the boy was dead.
“It was probably the worst I’d seen,” the veteran detective testified. “She was extremely, extremely emotional.”
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