- Associated Press - Tuesday, January 28, 2014

PITTSBURGH (AP) - A man has been acquitted in the shooting death of a teenager who authorities said was killed by shots fired from the threshold of his family’s western Pennsylvania apartment two years ago.

Eric Barlow, 23, was found not guilty Monday of first- and third-degree murder in the January 2012 death of Daniel Peek, 16.

Prosecutors said Peek’s 14-year-old brother, Isaac, had just opened the door to go buy candy when the gunfire erupted. Investigators said 22 shots were fired and said they believed there was more than one gunman, but no one else was charged.

Allegheny County Common Pleas Judge Kevin Sasinoski declared a mistrial on 10 remaining counts, including attempted homicide, aggravated assault and recklessly endangering another person after jurors deadlocked on those charges.

Defense attorney Kenneth Haber called the gunfire “heinous and unspeakable” but said no evidence had been presented that his client knew the family or was known to them.

Haber said prosecutors’ case rested solely on identification of his client by the younger teenager, who he said only saw the gunman for a second or two. Assistant District Attorney Mike Berquist acknowledged that the teen only saw the gunman briefly but said “he sees Eric Barlow in his mind’s eye every day.”

Berquist said he will likely pursue a retrial on the charges jurors deadlocked on.

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