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Fidencio Diaz-Eguiza was found guilty of two charges related to the incident but not attempted murder.

COURTESY PHOTO: WASHINGTON COUNTY SHERIFF'S OFFICE - Fidencio Diaz-EguizaA Hillsboro man convicted of charges in his wife's shooting was sentenced to nearly six years in prison on Thursday, March 5.

Fidencio Diaz-Eguiza, 62, of Hillsboro, was found not guilty of attempted murder, but guilty on two other related charges after he shot his wife in their home near the Sunset Esplanade last year. He was convicted on charges of second-degree assault and unlawful use of a weapon in connection with the case on Tuesday, Feb. 27.

Washington County Circuit Court Judge Ted Sims sentenced Diaz-Eguiza to 70 months in prison.

On Feb. 10, 2019, Diaz-Eguiza was at his home watching television along with his wife in the family's living room when he stepped out of the room briefly, prosecutors said.

"When he returned, he walked towards the victim with one arm concealed behind his back," the Washington County District Attorney's Office said in a statement. "The defendant then pointed a semi-automatic handgun at the victim and fired one round. The bullet hit her in the neck area. Before shooting the victim, the defendant said something to the effect of, 'I told you when I was ready to leave, you would come with me.'"

A family member then tackled Diaz-Eguiza to the ground and disarmed him, the District Attorney's Office said.

"The defendant repeated his statement to the victim once again," prosecutors said.

Officers with the Hillsboro Police Department responded to the scene and discovered one additional round remaining in the weapon.

Diaz-Eguiza's wife was hospitalized for non-life-threatening injuries.

Police didn't immediately find Diaz-Eguiza at the scene and shut down the area, sending police K-9 teams through neighborhoods and telling residents he should be considered armed and dangerous.

Police discovered Diaz-Eguiza inside a cabinet in the home's garage several hours later while conducting a search. He was arrested and jodged at the Washington County Jail.

Court records show jurors didn't reach unanimous verdicts on any of Diaz-Eguiza's three charges.

Jurors reached a 10-2 not-guilty verdict on the attempted murder charge, a 11-1 guilty verdict on the second-degree assault charge and a 10-2 guilty verdict on the unlawful use of a weapon charge.

Oregon is the only state in the country that still allows non-unanimous verdicts. For all felony charges except murder, jurors can convict a defendant with 10 of 12 votes.

Prosecutor John Gerhard said he couldn't provide insight into why the jury did not convict Diaz-Eguiza on the attempted murder charge, adding that he thinks the evidence shows Diaz-Eguiza planned a murder-suicide.

Gerhard said Diaz-Eguiza had been drinking heavily in the days leading up to the incident.

Diaz-Eguiza was also sentenced to three years of post-prison supervision, with a recommendation that he receive alcohol and mental health evaluation and treatment.

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