Special to the One Feather
ASHEVILLE, N.C.— A federal jury sitting in the Asheville Division of the United States District Court for the Western District of North Carolina, at the United States Courthouse in Asheville, returned verdicts recently of not guilty on all counts in the prosecution of Derrick Cucumber, including a charge of first-degree murder.
The verdict followed a jury trial before U.S. District Judge Martin Reidinger. Cucumber was represented by western North Carolina criminal defense attorney Frank Lay.
Cucumber had been held in pretrial confinement for approximately 22 months while awaiting resolution of the charges. Following the jury’s verdicts, he was released and returned home to his family.
The central issue at trial was whether Cucumber acted in lawful self-defense when he shot and killed Mario Sanchez Nino.
Cucumber testified at trial and maintained that he fired after Sanchez Nino pointed a .45-caliber handgun at him and Cucumber believed his life was in danger.
The defense challenged the Government’s account through witness testimony, physical evidence, and significant discrepancies in the timeline surrounding the shooting. The defense maintained throughout the trial that the Government bore the burden of proving beyond a reasonable doubt that Cucumber did not act in self-defense.
“This was an extraordinarily serious case involving the loss of a human life, and our thoughts remain with Mario’s family and everyone affected by what happened that night,” Lay said. “A not-guilty verdict does not diminish that loss. At the same time, the right of self-defense is a fundamental human life, and our thoughts remain with Mario’s family and everyone affected by what happened that night. A not-guilty verdict does not diminish that loss.
At the same time, the right of self-defense is a fundamental protection under our law,” Lay continued. “That right has meaning only if it is faithfully applied when the stakes are at their highest. Derrick placed his life and his future in the hands of a jury, and we are profoundly grateful for the care and attention the jurors gave this case.”
Lay also praised the members of the jury who served during the trial.
“Jury service requires ordinary citizens to step away from their work, their families, and their daily lives to assume an extraordinary responsibility,” Lay said. “The men and women of this jury listened carefully to difficult evidence and fulfilled one of the most important civic duties in our justice system. Without citizens willing to serve as jurors, our system simply cannot work.”
The defense also expressed appreciation to the United States Attorney’s Office for what Lay described as a professional and well-tried prosecution, as well as to the court staff, court reporter, courtroom security personnel, and the United States Marshals Service for their professionalism throughout the proceedings.
“For 22 months, Derrick waited for the opportunity to have a jury hear his case,” Lay said. “This week, that jury spoke. Not guilty of first-degree murder. Not guilty on every count. And after nearly two years in custody, Derrick finally went home to his family.”
