QUESTA, N.M. — It’s rare to get a second chance at a murder trial, and it’s even more uncommon to find an important piece of missing evidence between those chances.

14-year-old Porfirio Brown’s first trial ended in a hung jury last month. A majority found him not guilty of shooting and killing 13-year-old Amber Archuleta at his Questa home, but it wasn’t unanimous.

New lapel video brings the victim’s dad into question – including the presence of a gun in his house – and whether he coached his children on what to say. The video is from a domestic violence call from July 2022, and it will be come into question in an upcoming retrial connected to the July 2023 shooting.

Porfirio’s attorney, Lizzy Bunker, says the story has never been right.

“When I first met my kid, I said, ‘What happened?’ He said brother shot sister. It was an accident,” Bunker said. “We all covered and said it was a drive-by.”

However, there’s never been any evidence to prove it.

“There’s no physical evidence that any kid is the shooter,” Bunker said. “And all the cops will say that on the stand.”

Amber’s brother and the brother’s girlfriend were the only other witnesses at the house that day. Investigators never found the gun used to kill Amber.

“So brother had a gun that he brought over from his own house? And my kid said, yes. I asked my kid, have you been to brother’s house? There are firearms there? He said, yes. But we couldn’t confirm that with anyone else in the community,” Bunker said.

That is where the lapel video from 2022 comes in. Amber’s cousin had called police saying her uncle, Joshua Archuleta, had hit and punched her.

The cousin describes the house in the video and the gun that the uncle keeps inside the house. Joshua Archuleta is a convicted rapist and is not allowed to have guns. Officers look for the gun, but the video never shows them finding it.

“It’s confirmed now via police video that there are firearms in the house, so that corroborates my kid’s version of what happened and where the firearm came from,” Bunker said.

Bunker is also planning to point to Joshua’s behavior on the night of the shooting.

“He’s back in the handcuffs, coaching his kids, ‘Hey, remember the statements to tell police? Hey, remember what to tell them.’ So he’s very brazen about it,” Bunker said.

Bunker also pointed out that Joshua testified under oath last year saying he had no firearms in the house, and said he was afraid of them.

Meanwhile, Porfirio Brown does not have a new trial date set yet.