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Denver Father Not Guilty In Daughter's Shootout Slaying

Leo Cisneros Found Guilty Of Drug Charge

POSTED: 1:54 pm MDT September 14, 2009

A Denver father was found not guilty of reckless child abuse Monday in the death of his 10-year-old daughter during a gun battle two years ago.

A jury had been deliberating the fate of Leo Cisneros since Friday, following a two-week trial.

The case involved the death of Auralia Cisneros, who was shot in the face during a shootout between her father and three men who tried to force their way into the family's west Denver apartment.

Police said Leo Cisneros dealt drugs out of his apartment and that's why the men were trying to get in. The jury found Cisneros guilty of possession of marijuana with intent to sell.

The three would-be robbers pleaded guilty in the same case earlier and were expected to serve between 16 and 24 years each in prison.

The prosecution had argued that the fatal bullet came from Cisneros' gun but the defense pointed out that Denver police never investigated the path of the bullets fired by the three gunmen.

Auralia's mother testified she was one of the first to see her daughter after she was killed, the night of Nov. 26, 2007, and found her daughter with her hands across her chest. A neighbor and police also testified the girl's arms were across her chest. The coroner reported, however, he found one of her hands in her pocket, which contained a baggie of marijuana.

The defense played a police interrogation of Auralia's mother to the jury where she admitted her husband let Auralia hand pot over to customers on occasion.

Defense attorney Laura Menninger told the jury that she thought Denver police planted the marijuana on the girl's body, based on the position of the girl's hand before she arrived at the coroner's office.

Cisneros still faces between eight and 24 years in prison for the marijuana conviction and a charge of having a gun while possessing drugs.

His sentencing is set for Nov. 5.

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