Sounds like the same common sense juries had with Michael Jackson and OJ:
http://news.yahoo.co...-070756786.html
Wilson testified during the two-week trial that she stayed at the duplex off and on for three years. She said Burgarello opened fire without provocation while she and Devine were sleeping in a makeshift bed on the floor.
Neither trespasser had a firearm, but Burgarello told police Devine's arm "came up like a gun."
Ristenpart said he might have mistaken a black flashlight found at the scene for a gun and had only a split second to respond. She said it was Devine and Wilson, not Burgarello, who "created the dangerous, threatening situation, trespassing, getting high on meth and being where they shouldn't be, where they had no right to be."
"The state wants you to find Wayne was the aggressor for going into his own home. That's not being aggressive. That's your right," she said.
Hahn said the trespassers had no business being there, but did nothing to threaten Burgarello and didn't deserve to be "shot like fish in a barrel on the floor."
Devine was shot five times, including once in the head. Wilson was shot three times.
"It wasn't one or two (shots), then we'll talk. It was eight rounds," Hahn said. "It was open season."