HOUSTON (KTRK) --A former NFL player and his wife were gunned down inside of their home this summer. Antonio and Dawn Armstrong's teenage son is charged with their murders, and on Wednesday, his family asked for him to be released from custody as he awaits trial.
The judge is considering releasing the Armstrong son, but says he has to see a plan on how the 16-year-old will spend his time. We are not releasing the teen's name, since he's a juvenile.
The defense presented three new pieces of their evidence -- reason enough, they believe, that the teen shouldn't be awaiting trial in jail.
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First, they say there's no gunshot residue on his hands, proving, the defense says, the teen did not shoot his parents.
Second, Antonio and Dawn Armstrong's Bellaire gym was recently burglarized by two masked men. It's on video. Why does this matter? The teen says these suspects look like the men who broke into his house the night his parents were killed.
The third piece of new evidence is that there was a note that said "we are watching you" left on a car windshield that belongs to an Armstrong family member. Why does that matter?
Police say there was a note left on the Armstrong countertop next to the gun used to kill the Armstrongs that said "we are watching you."
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Defense attorney Rick DeToto explained, "The problem is it's been 90 days since he's been sitting in custody. We're still waiting on evidence to come in. Some of the stuff that's coming in and some of the stuff we're finding out tends to point away from (him.) He's sitting there while they're trying to test the evidence."
The teen's grandmother is his new guardian. The judge asked her about what will happen with her grandson if he grants house arrest.
She responded, "He will be with me 24/7 except for at school."
The grandmother told the judge she would personally transport him to and from school.
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The prosecutor did not want to talk on camera, but said they are waiting for more forensic tests to be completed. He estimates that will be done in 30 days.
The Armstrong son will be back in court next week. The judge will decide whether or not to release him with an ankle monitor then.
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