So far, reading the transcripts I know I would have hung the jury.
Yeah. If you find them not guilty of attempted murder then how do you find them guilty of 18 U.S.C. Section 924(c).....??
You asked earlier on another thread about the "ditch" and whether it had water in it. I'm understanding the geography more as I read through the transcripts and try to follow it on the map, etc. The Prosecution favored the term "ditch", short for "irrigation ditch"--but most all of the agents in their testimony refer to it as a "canal." The DHS-OIG Report of Investigation even redacted the term "canal" for some reason.
In the final stages of the high-speed chase, Aldrete-Davila traveled southbound on Jess Harris Road and dead ended into the canal/ditch at Wingo Reserve Road. Here's a map (look for the eentsy teensy white "X" next to the "J" in Jess)
http://maps.yahoo.com/index.php#mvt=h&trf=0&lon=-106.212419&lat=31.47384&mag=2
For "pragmatic" purposes, think of Jess Harris running north/south and Wingo RR running east/west. (this n/s and e/w is consistent with how the agents describe the direction of the roads)
As to the area where the shooting incident happened, from north to south, we have:
Wingo Reserve Road (road running parallel to canal on the north side)
Canal (aka ditch)
Levee Road (elevated, somewhat higher than Wingo RR)
Vega (a dusty area, sloping down from the levee to the River)
Rio Grande River/US-Mexico Border
You can see the "ditch" in this video, at about the 00:43 second spot and the slope to the vega at about 1:10.
http://www.youtube.com/watch?v=FFitU65zDTY
It's looks to me that there is a good amount of water in the canal, but there is some discussion of it possibly being jumpable.