Client spent time daily visiting his only son's grave site who died tragically during a drive by shooting. Even though it had been six months since his loss, client was still in distraught.

On this warm summer evening client stayed longer than usual at his son's resting place realizing that he had missed supper. When he returned home he asked his wife where's supper. She replied you missed it, fix it yourself. Client went upstairs and moments later came down carrying his shot gun.

His wife saw him with the shotgun and ran to the front door. As she opened the door client shot her in the back killing her.

The police arrived and read client his rights before questioning him and he told the police what happened. He was arrested and tried before a jury for first degree murder.

Phoenix criminal attorney Brian DiPietro explained to the jury that even though his client deliberately shot and killed his wife it was not first degree. Because client was extremely distressed at the loss of his son at the time of the shooting, it was only second degree murder.

The jury was persuaded by Mr. DiPietro's argument and presentation of the case and found client guilty only of second degree murder.