CALDWELL -- Two men accused of injuring a 10-year-old girl during a gun battle at a Nampa Walmart earlier this summer will not be tried together, a judge ruled Tuesday afternoon.
Judge George Southworth cited possible conflicts for the defense in his decision to sever the cases of 19-year-old Mario Garza and 21-year-old Ezri Garcia.
Police say Garza and Garcia are rival gang members and were aiming at each other when they opened fire in the parking lot of the Walmart on Franklin Road June 29.The shootout came as people gathered in the lot to watch a fireworks display at the nearby God and County Family Festival at the Ford Idaho Center.
A 10-year-old girl watching the fireworks with her family was struck in the shoulder by a stray bullet. The child survived the shooting, but needed surgery to repair her shoulder, according to police.
It's unclear which suspect fired the shot that hit the girl.
Garza and Garcia face a total of 50 charges between them, including riot, aggravated assault and aggravated battery as well as gang and weapons enhancements. Both men could spend the rest of their lives behind bars if convicted.
Garza is due back in court Oct. 3 for a pretrial, while Garcia is set for trial in January 2017.
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