Moments into a 911 alarm recording played for jurors Monday, the aboriginal day of trial, Cristina Herrera’s articulation became hysterical.
“He’s beneath the house,” a addled Herrera could be heard adage amid sobs and afflicted screams.
Monday afternoon, balloon began for 19-year-old John Paul Davila, a Victoria man who is accused of killing Victor Herrera, 69. Davila, 18 at the time of the death, is answerable with basic murder.
Davila is represented by Keith Weiser, who beneath to accomplish an aperture statement.
Although Cristina Herrera was composed aloft demography the stand, her face askance with affect as she relived the buzz alarm during her testimony. Others in the courtroom, including some jurors and the victim’s admired ones, additionally afford tears.
A little afterwards midnight Jan. 29 as she was speaking to an emergency dispatcher, Herrera apparent her father-in-law asleep beneath his Victoria home’s clamber space. She and her bedmate had gone to the abode at her mother-in-law’s appeal afterwards claret was begin on the home’s fence. Her father-in-law had been missing for hours.
At the time of the man’s death, Davila had been blockage at his grandfather’s house, which was beyond the artery from Herrera’s home. According to his arrest warrant, Davila had gotten into an altercation with his grandfathering about the use of his pickup. Davila capital to appointment his adherent in San Antonio on the day afore Herrera was begin dead.
In a video-recorded claiming hours afterwards his arrest, Davila told an investigator he had “borrowed” Herrera’s barter afterwards the man banned to accord him the keys.
Davila additionally told board he had fought with the man and had baffled him with his fists. But to his girlfriend, the actor accepted to killing a man in Victoria, said District Attorney Stephen Tyler during his aperture statement.
Tyler told jurors Davila’s affirmation could not be accurate because Herrera was begin with astringent wounds to his head, and Davila’s fists were about wholly unmarked. Rather, the wounds on Herrera’s arch were constant with shapes a metal bar ability inflict, Tyler said.
Davila is additionally represented by Robert Earnest Williams II.
Testimony in the balloon will resume at 8:30 a.m. Tuesday in District Judge Eli Garza’s court.
Jon Wilcox letters on courts for the Victoria Advocate. He may be accomplished [email protected] or 361-580-6515.
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