Fatal carjacking victim's family reacts to extradition

December 2, 2010 4:56:40 AM PST
Relief and closure -- those are the feelings of the children of a woman murdered as she protected her child. The accused killer, Timoteo Rios, has been avoiding extradition for more than two years, but he will soon be back in Houston so that his trial can begin.

We've followed every development in the case, going back to when Tina Davila was murdered in front of a Cricket store in 2008. But after speaking with her children, it was a reminder that Davila wasn't the only victim.

"She was my best friend," Patrick Matt said.

Two and a half years ago, Patrick's mother was the one who kept all of his family close.

"Going to my grandma's, yeah, 'cause that's what we did," he said.

With five children in all, Davila was their biggest fan.

"She was just always there for me, no matter what," Patrick said.

But with her murder outside a cell phone store in April of 2008, their lives changed drastically.

"Tore my family apart," Patrick said.

Now Patrick almost never sees his siblings.

"My brother and sister moved on -- went their separate ways, and I went my separate way," he said.

It was not on purpose, he says. It's just what's happened, and he blames Rios, who's charged with Davila's capital murder. The news he'll be extradited from Mexico after more than a year of waiting was certainly welcomed.

"Sit in jail and rot," Patrick said.

At 22, Patrick is the oldest. Then there's 20-year-old Patricia and 18-year-old Peyton, who live with an uncle.

"I want to see him in trial to face what he did," Patricia said.

Tory and Caylen live with other relatives. Caylen is almost three now, but she was just four months old when Davila wouldn't turn over her keys because the baby was in the car.

"We have a bunch of videos. When we were little, she used to video everything, so I will just show her that," Patricia said.

Today, each child is still coping. It's a struggle.

"I don't like bringing it up because it still angers me," Peyton said.

And they all have the same question.

"Why did he do it?" Patricia asked.

Rios won't be eligible for the death penalty because of the extradition agreement between Mexico and the U.S. Patrick, who is his mother's spitting image, has made his peace with that and is looking forward to a trial.

"As long as they got him and he's going to jail for the rest of his life, I guess that'll work," he said.

Davila's three older children live in the area where she was murdered. And while they would prefer to avoid the murder scene altogether, her daughter can't. She attend school at San Jacinto College, which is right across from the Cricket store.

As for Rios, the Harris County District Attorney's Office hopes to have him back in the country by the end of the year.

Rios already has a long criminal history. He had been arrested several times before the night of the murder.

Harris County jailers say he admitted to being in the country illegally and they notified ICE, but Rios never was detained or deported. We asked ICE about that, but the agency couldn't explain what happened.

Kennedy Escoto, who was 17 at the time of the crime, was convicted of aggravated robbery. He drove the getaway car and was sentenced to 40 years in prison.


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