State, defense rest in Victoria siblings' murder trial

Jessica Priest By Jessica Priest

April 16, 2013 at 5:03 p.m.
Updated April 16, 2013 at 11:17 p.m.

Both the state and the defense rested Tuesday in the trial of two siblings charged with murdering a Victoria father of two.

Joshua Dewight McClure, 21, wielded a shot gun the night of July 30, 2011. He was among a group who shot up houses in the 800 block of Ash Street, where hours earlier he was involved in a fight about beer at a party, Victoria Criminal District Attorney Stephen Tyler said.

Witnesses have said Daniel Davila, 24, went to investigate the commotion. Neighbors found his body behind a shed some 10 hours later in the 900 block of Goldman Street. Police said he was shot with a 9-mm semi-automatic handgun, according to earlier reports.

Tyler said the other defendant, Joshua's sister Erica Nicole McClure, 27, helped coordinate the retaliation by shuttling people to and from the scene and providing weapons.

The Victoria siblings also face two counts of engaging in organized criminal activity and two counts of deadly conduct discharge of a firearm.

Keith Weiser is representing Joshua McClure, and Patti Lea Hutson is representing Erica McClure.

The McClures' co-defendant, Marcellus Brown, 22, was accused of shooting the 9-mm semi-automatic handgun. He 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 9 a.m. Wednesday before Judge Jack Marr. Then, attorneys are expected to make closing statements.



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