Testimony begins in trial of Victoria siblings charged with murder
April 9, 2013 at 4:09 a.m.
Testimony began Tuesday in a trial of two Victoria siblings charged with murder.
Joshua McClure, 21, and Erica Nicole McClure, 27, also face two counts of engaging in organized criminal activity and two counts of deadly conduct discharge of a firearm.
The McClures are part of a group of charged with shooting up a neighborhood July 30, 2011, hours after a fight broke out about beer at a party in the 800 block of Ash Street.
The state maintains Daniel Davila, a 24-year-old father of two, was caught in the crossfire. A neighbor found his body about 10 hours later nearby in the 900 block of Goldman Street.
Judge Jack Marr excused one of the 12 jurors from his duties Tuesday after the juror told the court he believed he was related to the victim's family. Marr denied defense attorney Keith Weiser's motion for a mistrial, and an alternate juror stepped in.
Weiser is representing Joshua McClure, and Patti Lea Hutson is representing Erica Nicole McClure. Criminal District Attorney Stephen Tyler is prosecuting.
The McClures' co-defendant, Marcellus Brown, 22, was acquitted of murder in late September but sentenced to 60 years in prison after a jury found him guilty of engaging in organized criminal activity. He is appealing the decision.
The other defendants - Jasmine Norman, 19, Kia Johnson, 32, and Jefferson Hill, 19 - are awaiting trial.
The McClures' trial will resume at 9 a.m. Wednesday with Marr presiding.