KENT - Craig Kubeck of Renton, who shot a moviegoer at a Renton theater March 6, has been acquitted of attempted murder and assault in the first degree.
A King County Superior Court jury yesterday could not agree whether Kubeck was guilty of second-degree assault.
Prosecutors will decide whether to refile that charge within 10 days, said Dan Donohoe, spokesman for the prosecutor.
Throughout the trial, Kubeck's attorney, Veronica Freitas, argued that Kubeck - a much smaller man than Kelvin Kirkpatrick, the person he shot - had acted in self-defense after the two became involved in a fight.
Kirkpatrick was shot in the abdomen and treated at a nearby hospital.
Witnesses said Kubeck had repeatedly disrupted a movie playing at the Renton East Valley 13 Cinema, and the fight between the men broke out after the two got out of their seats.