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Albuquerque jury find man guilty in shooting of store clerks

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Despite a last-minute attempt to delay his trial and an outburst that got him kicked out of court, the first of two men accused of shooting two clerks during a Northeast Heights gas station robbery in 2006 has been convicted on federal charges that could put him away for the rest of his life.

Jurors in federal court in Albuquerque deliberated an hour Thursday before finding Herbert Perkins guilty. The decision came after two days of testimony — most of which Perkins did not see or hear.

U.S. District Judge John Conway ordered him removed from the courtroom early Wednesday after the outburst.

Perkins, 31, had earlier complained that he was being unfairly treated by being forced to wear ankle shackles, but Conway ruled that the restraints were not visible to jurors and were necessary because Perkins had threatened to disrupt proceedings and harm security guards and others.

Court records indicate that while awaiting trial, Perkins stabbed an inmate with a ballpoint pen.

Perkins had also asked for a delay in trial because he wanted his attorney, Troy Prichard, replaced. In addition, he sought to prevent his co-defendant and nephew, Juan Frankie Castillo, from testifying because it harmed "family preservation and unity."

Conway denied both requests.

Castillo, 20, had been expected to stand trial on similar federal charges, but court documents show he has accepted a plea agreement.

Both men are accused of robbing a Giant gas station at Tramway and Montgomery boulevards Northeast on July 31, 2006. Store surveillance videotape shows an older man, identified as Perkins, shooting one clerk in the leg despite the clerk's apparent cooperation.

As the men leave the store, the younger one, identified as Castillo, is seen opening fire with an Uzi-style handgun, striking the second clerk in the abdomen.

Both clerks survived. Both testified against Perkins.

Perkins later told Albuquerque police he had been smoking methamphetamine and his nephew had been high on PCP, according to a criminal complaint.

Both men were charged with federal obstructing, delaying or affecting commerce by robbery and two counts of using a firearm during the robbery.

Perkins was also charged with being a convicted felon in possession of ammunition.

Perkins could now qualify under the federal "three strikes" statute, which imposes a life sentence after the third conviction for a serious violent offense.

Perkins already has numerous convictions for armed robbery, kidnapping and battery charges.

Perkins is believed to be a high-ranking member of a local gang, state prosecutors have said.