FRENCH VALLEY -- The attorney for a man accused of killing his wife in their Temecula home said Monday that it was an accident and possibly could be attributed to a malfunctioning handgun.

Raul Alfonso Vides, 39, has been charged with the murder of his wife, Elsa Galindo, 40, who was found shot to death Sept. 24 in the bedroom of their home on Corte Sanchez.

The couple's 7-year-old son, Marcus, was found unhurt inside the home, authorities said.

Galindo was found on the bed with a single gunshot wound to the chest, authorities said. Vides was arrested after Temecula police arrived and found him sitting on the same bed, holding a Ruger 9mm semiautomatic handgun.

Vides appeared at Southwest Justice Center on Monday so a judge could rule on his attorney's motion to have all further proceedings moved outside Riverside County, claiming Vides has been portrayed unfairly and inaccurately by local media. Judge James T. Warren denied the motion, calling it "very premature" since the case has yet to begin trial.

After the hearing, Keith Vickers, Vides' attorney, said he contends Galindo was shot as she and Vides struggled for the weapon.

"There was an argument about the way the marriage was going," Vickers said.

Vides was trying to scare her, Vickers said, and had the gun at his side.

"He says he never pointed it at her," Vickers said.

"She grabbed for the gun," the defense attorney said.

The gun, which Vickers said may have malfunctioned, went off once -- ricocheting off part of her arm, then entering her chest.

According to a Riverside County Sheriff's Department report, the safety on the 9mm handgun was in the "on" position when police recovered the weapon the night Vides was arrested. That, Vickers said, supports his belief that it malfunctioned and fired during the struggle.

The weapon has been sent to a state Department of Justice crime lab for further testing, but the results of those tests have not yet been released to authorities.

Deputy District Attorney Kimberly Macy said after Monday's hearing that she could not speak specifically about the details of the case. She did say, however, that she is confident the prosecution's evidence supports the murder charge against Vides.

One of Galindo's children, Sandy Perez, said there is "no way" the shooting was an accident, adding that her mother never would have tried to fight Vides for the gun.

She and five other members of Galindo's family were in the courtroom for Monday's hearing.

"She never liked guns," Perez said outside the courtroom. She said her mother knew that Vides had bought the gun not too long before the fatal shooting.

"I found out on Sunday (before the shooting) from my sister that he had just purchased a gun," Perez said. The shooting happened late the following Tuesday or just after midnight Wednesday.

"My mother told me that (Vides) said he was going to kill her if she left him," Perez said.

"My mother had asked (her and her sister Katherine) to move back into the house because she was scared," she said.

The two were supposed to move in the Wednesday that Galindo's body was found, Perez said.

Most of the family is coping "pretty well," she said, except for young Marcus. She said he often wakes up in the middle of the night with nightmares.

Vickers said Vides is worried about Marcus and is still distraught about what happened.

"He's truly sorry about what happened," Vickers said. "He believes truly that this was an accident."

Vides' sister, Lillian, was among five family members who were in court in support of Vides. She spoke briefly after the hearing.

"We understand how her family is suffering over this, but we are suffering too," Lillian Vides, 40, said. "This is horrible for us, too. We feel so sorry about what happened."

She said she has visited her brother in jail, where he remains in custody. She said he is "very depressed."

"It's like he's alive, but dead inside," she said.

Sandy Perez said she understands how Vides' family feels, but says they need to remember one thing: "Raul chose that when he shot her. My mom had no choice."

A preliminary hearing for Vides is scheduled Dec. 4, when a judge is expected to determine whether there is enough evidence for him to go to trial.

Contact staff writer John Hall at (909) 676-4315, Ext. 2628, or jhall@californian.com.