The examining trial for the ding-dong-ditch murder suspect is set for Monday.
Attorneys clash over evidence, cell phone in ‘ding-dong-ditch’ murder caseRead full article: Smoke billows from large building fire near Houston ’s Third Ward A Houston firefighter who suffered a medical emergency while on duty on Sunday has died, the Houston Professional Fire Fighters Association announced Wednesday.
Couple arrested in Houston after being connected to California murder– The examining trial date has been set for 42-year-old Gonzalo Leon Jr., the man accused of shooting and killing an 11-year-old boy who was playing ding-dong-ditch in Houston’s Eastside last month. An examining trial is a pre-trial to determine whether there is enough probable cause for the case to go to a jury trial. Defense attorney for ding dong ditch shooting suspect points to arrest of victim’s older cousin over stolen pistol On Wednesday, attorneys argued on a motion filed by the defense to return the suspect’s cell phone and obtain additional evidence.Leon’s attorneys, Gianpaolo Marcerola and Jose Vela, argue Houston Police illegally seized the phone the morning after the shooting, before Leon was arrested and without a warrant. They say it should be returned immediately. “They dragged his name through the mud,” Macerola told the judge. “He’s a U.S. citizen and a decorated combat veteran.” Prosecutors countered that the phone is critical evidence, and investigators are still working to obtain a search warrant. “The phone is of great importance in this case. There are burglary alarm records that we need to get in. The door was opened at this residence just minutes prior. This phone will perhaps show a GPS sighting of somebody coming out of that house. We have a great deal,” said prosecutor Lester Blizzard. Judge Emily DeToto ultimately ruled she does not have authority to order the phone returned before an indictment, citing case law that limits her jurisdiction at this stage.Defense attorneys asked the judge to lower his bond, stating there was a misrepresentation including a statement of a previous charge in Guadalupe County which they said is false. “It was based upon severity of the facts, the allegations, and the possibility that he might be charged with a more serious crime. So, it’s not by any misrepresentation of the state,” said Judge DeToto. Attorneys also clashed over evidence. Prosecutors said they’ve already provided the defense with more than 100 pages of a police report, 911 calls, thousands of photos, and hours of body-worn camera video. But the defense said they are still missing bodycam video of the first two responding officers and cell phone video from the victim. In the motion filed this week, defense attorneys also asked for a case file on an unlawful carrying of a weapon charge from the victim’s older cousin on scene. “I don’t know what is related or not,” Macerola told KPRC 2 after court."I think my number is up to 14 or 15 different line items of things that I’m still missing." While the examining trial is set for Monday, if the case goes to a grand jury for indictment, then the examining trial won’t happen.
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