LOS ANGELES (CNS) - A man who held two dozen people hostage inside a Silver Lake Trader Joe's store after a police chase then engaged in a gunfight with police that killed a store employee who was struck by an officer's bullet was convicted Tuesday of 40 counts, but acquitted of first-degree murder.

Jurors in the trial of now-36-year-old Gene Evin Atkins -- who also shot and wounded his grandmother and a 17-year-old girl on the same day -- deadlocked on the lesser count of second-degree murder in connection with the July 21, 2018, shootout that killed 27-year-old Melyda "Mely" Maricela Corado, an assistant manager at the Trader Joe's.

The jury's foreman told Los Angeles County Superior Court Judge Lisa B. Lench that 10 jurors voted in favor of guilt and two others voted for acquittal on the second-degree murder charge. Jurors also deadlocked with the same split on a single count of false imprisonment of a hostage.

The panel spent about three days in deliberations before finding Atkins guilty of 24 counts of false imprisonment of a hostage, four counts of assault with a firearm on an officer, three counts of attempted murder, two counts each of mayhem, assault with a semiautomatic firearm and attempted carjacking, along with one count each of fleeing a pursuing peace officer's motor vehicle while driving recklessly, assault by means of force likely to produce great bodily injury and driving or taking a vehicle without consent.

Atkins -- who refused to show up in the downtown Los Angeles courtroom for the verdict -- is due back in court June 26.

"I don't know if you're going to have a decision by that date," the judge told prosecutors regarding whether they would seek to retry the murder charge.

The judge noted that she didn't expect the sentencing to go forward otherwise, but she needed Atkins to appear in court that day to waive his right to a speedy sentencing.

Deputy District Attorney Ani Bailey told the jury during her opening statement last month that Atkins "made a series of violent and deliberate choices" that began with him opening fire on a 17-year-old girl who had been in his bedroom and then on his 76-year-old grandmother at the woman's South Los Angeles home before fleeing from police with the injured teenager in his grandmother's Toyota Camry.

Atkins allegedly tried to carjack a vehicle at gunpoint from a family at a gas station, shooting at police who did not fire back until he crashed the vehicle into an electrical pole near the Trader Joe's store. The prosecutor said he fired more rounds at officers before fleeing into the store, where some of the hostages inside were ordered to create a "human shield" around him.

The deputy district attorney said Mely Corado was "caught in the line of fire" after running to the front of the store following the crash and was struck by a bullet fired by one of the officers during the gunfight. The mortally injured woman ran back inside the store, followed by the defendant and crouched behind the manager's desk while Atkins continued to fire additional rounds at police, Bailey told the jury.

He eventually surrendered just over three hours later, with the remaining four hostages again creating a human shield around him, the prosecutor said.

Then-Los Angeles Police Chief Michel Moore confirmed in 2018 that the bullet that killed Corado was fired by an officer -- not by Atkins. The prosecutor noted that Atkins was charged with murder for Corado's shooting under the "provocative act" theory that his actions "caused a lethal danger," resulting in the woman's "tragic" death.

"This case is about choices, consequences and accountability," the deputy district attorney told the panel.

Jurors heard Atkins' grandmother, whom authorities said has since died from natural causes, identify the defendant in police bodycam footage and video-recorded testimony from a 2019 court hearing as the person who shot her. She said she had "words" with him about the girl being in his bedroom at the home, testifying in 2019 that he needed to get a place of his own if he wanted to entertain and that he asked her where her car keys were after shooting her.

"I didn't want him to shoot me again," his grandmother, Mary Madison, testified during the 2019 hearing.

Defense attorney Errol Cook -- who took over the case after Atkins told the judge that he no longer wanted to serve as his own attorney minutes before the jury selection process was about to begin -- acknowledged in his closing argument that it was a "tough case," and said there were "quite a bit of things that he's probably good for," according to Courthouse News Service.

But he told jurors it was "unfair" to "transfer blame" to Atkins for Corado's shooting, adding that "criminal conduct should not cause extreme reckless behaviors by law enforcement," according to Courthouse News Service.

At a December 2018 court appearance, Atkins told a judge that he had "no criminal record, but I have an extensive mental health record," including a diagnosis of "bipolar disorder and a list of other disorders as well."

At another court hearing in February 2019, Atkins said he was "sent here by Jesus" and didn't understand anything.

"God bless you, sir," he repeatedly told a judge, later adding that "I was sent here by Jesus" and that he was a "prophet."

He was found mentally competent to stand trial in 2021.

Relatives of Corado filed a wrongful death and negligence suit in November 2018 against the city and the officers that eventually resulted in what attorneys said was a $9.5 million settlement.

The Los Angeles police officer who fired the shot that accidentally killed Corado said in a sworn declaration that he had no choice but to open fire to protect himself, his partner and bystanders.

"I had no alternative but to fire my weapon at Gene Atkins in order to stop this deadly threat that he, himself, had created," Sinlen Tse said in his sworn statement. "I fired based upon his actions and stopped when I realized he was moving into the Trader Joe's entrance to avoid striking individuals inside."

In a 2020 memorandum, the Los Angeles County District Attorney's Office found that Tse and Officer Sarah Winans were "justified in using deadly force in an attempt to stop" the suspect.

"After the crash, Atkins immediately exited the Camry and fired his handgun three times at Tse and Winans as he ran into the Trader Joe's," according to the memorandum from the District Attorney's Office. "Tse and Winans returned fire in an attempt to stop Atkins from trying to injure or kill them or civilians in the Trader Joe's. Atkins showed no consideration for the lives of others and it was reasonable and lawful for Tse and Winans to use deadly force to protect themselves and the public."

The District Attorney's Office noted that "no bystanders were visible" behind Atkins or in the line of fire when the officers fired at the suspect, with the evidence suggesting that Corado was "accidentally struck by gunfire when she ran toward the front doors" of the store after the vehicle crash.

"Neither I nor Officer Winans fired any additional shots due to the concern regarding the patrons inside Trader Joe's, demonstrating one of several instances where Officer Winans and I showed restraint, control and reverence for human life," Tse said.

Tse said he never considered pursuing Atkins inside the market, saying that would have only put more patrons and employees in danger "due to the poor decisions Gene Atkins was making and the fact he had no regard for human life, except for his own."

Tse said he learned later that one of the five shots he fired proved to be the one that mistakenly killed Corado. Atkins did "absolutely nothing" to help Corado for nearly 20 minutes despite knowing she was injured, Tse says.

In her declaration, Winans said there came a point where Atkins posed as much of a deadly threat to the Trader Joe's patrons as he did to her and Tse.

"No longer could I avoid the unfortunate need to fire my weapon to stop Gene Atkins' deadly actions, but I also was forced into this situation based upon the deadly actions that Gene Atkins had demonstrated he was capable of engaging in," said Winans, who fired three shots.

"My heart goes out to her family for their tragic loss," Tse said.

Following the settlement with the city, the Corado family issued a statement through their attorneys, saying: "Nothing will bring Mely back to us and we are forever heartbroken by her violent death caused by those who are meant to protect and serve the community. We will keep her memory alive always. We hope this settlement sends a loud message to LAPD and all law enforcement agencies across the country that officers must account for their surroundings when firing their guns."

Tim Conway Jr