HOUSTON (KTRK) -- There is a strange twist in a case that started out as an attempted robbery.
The three men who tried to rob an Atascocita homeowner are now charged with murder. But none of them pulled the trigger when David Smith was shot.
Earl DeBlanc, 35; Lionel Biggs, 29; Edgar Hayes, 20, didn't say anything as they went before a judge Tuesday morning. The prosecutor argued they are the reason Smith was killed. Harris County officials say someone in the home the three were robbing opened fire on the suspects, killing Smith.
"It's not necessarily a common situation but it occurred; because in the course of a robbery a death occurred -- that their friend was killed in them engaging in this aggravated robbery," said Lisa Calligan, the prosecutor on this case.
The attempted robbery happened in the 18900 block of Kemble Road in Atascocita around 2am this past Saturday.
Anquette Hayes, Edgar's mother, couldn't take seeing her son in an orange jumpsuit as he walked into court.
"That's not my son, my son is a good kid," Hayes said.
Hayes is not only struggling with her son in jail, she's also grieving for Smith. He was her nephew.
"I'm sorry about my nephew, David Smith. I love him and I miss him but this is not for my son. He's a good son. He was at the wrong place at the wrong time," Hayes said through tears.
Michael Hayes is being held on $50,000 bond. Biggs' bond is $75,000. Because of DeBlanc's criminal record, he's being held in jail with no bond.
Three men charged with murder after Atascocita robbery