Top Texas court rejects appeal in slayings of girl, grandmother

Posted Thursday, Apr. 18, 2013  comments  Print Reprints
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AUSTIN -- The Texas Court of Criminal Appeals rejected an appeal Wednesday from a Fort Worth gang member sent to Death Row for gunning down a 5-year-old girl and her grandmother five years ago.

Appellate attorneys for Erick Davila, 26, are challenging the death sentence, saying his trial attorneys did not adequately inform the jury about Davila's deeply troubled childhood and low IQ. Jurors may consider such information during the penalty phase when deciding between life in prison or a death sentence.

Davila was condemned for fatally shooting Annette Stevenson, 48, and her granddaughter, Queshawn, during a children's birthday party in April 2008. Four other people were wounded.

Prosecutors said Davila, then 21, fired at the home with a laser-sighted SKS semiautomatic rifle. His target was Stevenson's son and Queshawn's father, said to be a rival gang member, according to trial testimony.

While in Tarrant County Jail awaiting trial, Davila attacked jailers and maintenance workers during an escape attempt.

This report includes material from The Associated Press and the Star-Telegram archives.

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