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TAMPA, Fla. (AP) — A jury has acquitted a 70-year-old Tampa Bay area man charged with killing his wife’s lover.

Retired U.S. Army Lt. Col. Ralph Wald walked in on his wife having sex on the living room floor in March and says he thought she was being raped.

He fatally shot 32-year-old Walter Conley in the stomach and head. But it turns out his wife, 41-year-old Johnna Lynn Flores, was having an affair with the victim.

Prosecutors argued that Wald, who suffered from erectile dysfunction, killed Conley in a jealous rage.

Wald was acquitted of second-degree murder Thursday. His wife cried tears of joy and said they would celebrate at the Waffle House.

Wald’s attorney invoked the so-called stand your ground law, saying Wald had no duty to retreat when facing a threat in his own home.