Lowell Garza A jury of six men and six women on Thursday found Lowell Preston Garza, 20, not guilty of capital murder in the Aug. 17, 2009, death of Garza’s 10-week-old daughter, Isabella Garza. The jury found Garza guilty of second degree manslaughter and gave him the maximum prison term of 20 years in the Texas Department of Criminal Justice Institutional Division.

No fine was assessed, although second degree manslaughter is punishable by a fine not to exceed $10,000, in addition to two to 20 years in prison.

Although Garza signed a statement Aug. 19 — which he reaffirmed in a recorded interview Sept. 2 — admitting he hit his daughter three times in the abdomen with a closed fist, defense at- torney Eddie Shell emphasized Garza’s numerous claims that he did not mean to kill the infant.

Texas Ranger Jess Ramos’ statement to Garza that he knew the defendant did not mean to kill his daughter also likely had a strong effect on the jury, Shell said after the announcement of the verdict.

In addition, the defense attorney said “two to three contradictory” statements by Garza’s wife, Crystal Garza, also likely influenced the jury to find Lowell Garza not guilty of capital murder.

Although Shell said the verdict was “not expected at all,” the attorney said he thought it was clear that his client merely acted recklessly, rather than intentionally and knowingly. Texas law defines capital murder, in part, as “intentionally or knowingly” causing the death of a person six years or younger, said Bill Bachus, visiting judge for the 27th District Court.

“We’re very thankful that the jury stuck to the law as it is written,” Shell said after the reading of the verdict. “Lowell Garza is a very lucky man right now.”

Speaking after the jury was released Thursday afternoon, a juror said Garza’s actions did not qualify as a capital murder offense. Testimony led the juror to believe Garza acted out of frustration when he hit the child. “I think it was purely an impulsive act,” the juror said.

Lampasas County District Attorney Larry Allison, who prosecuted the case against Garza, said he was “somewhat surprised” by the verdict, but he added that he does not question the jury’s judgment.

“I don’t argue with the verdict of juries,” Allison said. “They see things from a different perspective a lot of times than I do, which is good. That’s what makes our system work.”

Although Shell noted changes in Mrs. Garza’s statements and suggested that her husband confessed to protect his wife from prosecution, Allison said Garza’s confessions were credible and were key elements of the prosecution’s case. Because Garza, in Ramos’ presence, confessed in writing and later confirmed that statement with the Texas Ranger, the jury had good reason not to acquit Garza of manslaughter, Allison said.

The presence of Garza’s father, Preston Lindsey, during the Aug. 19 confession also likely convinced jurors that Garza had told the truth in that confession, Allison said.

By assessing the maximum prison sentence possible for the felony offense of second degree manslaughter, Allison said, the jury likely reflected a realization that past attempts to rehabilitate Garza had failed.

Garza was given deferred adjudication probation in 2008 for injury to a child/serious bodily injury.

“I would ask you to consider how soon is too soon to turn Lowell Garza back and give him a chance to harm another person, another child,” Allison told the jury before it began deliberating about Garza’s punishment. “At what point do you say enough is enough?”

Bachus on Thursday revoked Garza’s deferred adjudication for the child injury felony. The visiting district court judge sentenced Garza to two years of state jail time, with credit to be given for time already served.

Garza will serve the two-year term concurrently with his 20-year manslaughter sentence, Allison said. Garza will be eligible for parole, Bachus said, when his jail time plus time credited for good conduct equals a fourth of his sentence.

Family members of both Lowell Garza and Crystal Garza declined to comment after the sentencing phase concluded.