Victoria brother, sister sentenced to prison for roles in deadly shooting

Jessica Priest By Jessica Priest

April 18, 2013 at 5:02 p.m.
Updated April 18, 2013 at 11:19 p.m.

Two Victoria siblings were sentenced to prison for their roles in a deadly shooting two summers ago.

A jury sentenced Erica Nicole McClure, 27, to 20 years in prison Thursday after they found her guilty of engaging in organized criminal activity with a deadly weapon. She was also assessed a $10,000 fine.

Her brother, Joshua Dewight McClure, 21, a former Victoria East High School football player, was sentenced to 10 years in prison after he was found guilty of deadly conduct and 20 years for engaging in organized criminal activity. He was also handed a $10,000 fine. His prison terms may be served concurrently.

On Wednesday, the same jury found the McClures not guilty of murdering Daniel Davila, 24-year-old father of two, whom neighbors found dead in the 900 block of Goldman Street.

The state alleged the McClures were among a group of people who returned to the scene of a party about 3 a.m. July 30, 2011, in the 800 block of Ash Street, where hours earlier there was a fight about beer.

Victoria County Criminal District Attorney Stephen Tyler said Davila was caught in the crossfire. He said Joshua McClure fired a shotgun, and Erica McClure helped organize the retaliation.

"This was a tragedy," Tyler said Thursday, "but the tragedy was not equally distributed."

Both Patti Lea Hutson and Keith Weiser, who represented Erica McClure and Joshua McClure, respectively, declined to comment.

After a jury levied its punishment, Daniel Davila's mother, Liza Davila, confronted the defendants through a victim impact statement.

She said the nine-day trial grated her nerves as she watched the McClures chat without a care in the world.

"The worst day of my life was the day I buried my son. It was not supposed to happen this way," she said, as Erica McClure interrupted her, saying she was innocent.

Liza Davila said their punishment was not harsh enough.

"Photographs. That's all we've got left. I don't feel sorry for you one bit," she said.

On Wednesday, jurors heard from a Victoria police officer about Erica McClure's involvement in a drug investigation. She was arrested by officers Saturday on suspicion of manufacturing and delivering a controlled substance less than 1 gram in a drug-free zone, manufacturing and delivering a controlled substance between 4 and 400 grams and engaging in organized criminal activity, records show.

And Thursday, the prosecution played jail phone calls where she talked about the incident and other drug use.

The defense, meanwhile, called some of Joshua McClure's former teachers. They said he was a good student and had a bright future ahead of him.

"The court hopes that things go better for you," 24th District Judge Jack Marr said.

Davila suffered a gunshot wound from a 9 mm round. Marcellus Brown, 22, of Victoria, is believed to have been shooting 9 mm handgun that night. He was acquitted of murder in late September but sentenced to 60 years in prison for engaging in organized criminal activity. His punishment for the second-degree felony was more severe than the McClures' sentences because he had prior convictions, Tyler said.

The McClures are being held in the Victoria County Jail.



Powered By AffectDigitalMedia