Trial starts for man accused of killing 4-year-old Ava Castillo

Thursday, November 29, 2018
Murder trial begins for Phillip Battles, accused in murdering 4-year-old Ava Castillo. Miya Shay reports.
Murder trial begins for Phillip Battles, accused in murdering 4-year-old Ava Castillo. Miya Shay reports.

HOUSTON, Texas -- Tears flowed freely on the second day of the capital murder trial for Phillip Battles, one of three men accused of shooting and killing 4-year-old Ava Castillo, during a robbery in November 2016.

According to prosecutors, two years ago Battles, Ferrell Dardar, and Marco Miller went on a crime spree.

They allegedly tried to rob Castillo's mother at gunpoint. When she struggled with the robbers, they fired shots, injuring Diana Gomez, her older daughter, and killing little Ava.

RELATED: HCSO: Robbers fatally shoot 4-year-old over mom's purse

In court Wednesday, several Harris County sheriff deputies became emotional and choked up while testifying about the night they responded to the shooting at the family's apartment.

One deputy described using a towel to apply pressure to little Ava's face to try and stop the bleeding as they waited for an ambulance.

Diana Gomez also testified, saying she saw three men approach her as she was unloading groceries.

She also described hearing gunshots, calling 911, and trying to save her child, all while being shot herself.

Of the three men charged in the case, Dardar has already plead guilty, Miller is awaiting trial, and Battles' trial is expected to last the rest of the week.

Battles showed no emotion in court Wednesday. He yawned and struggled to stay awake as prosecutors showed crime scene photos and presented witnesses all designed to send him to prison for life.

RELATED: EXCLUSIVE: Suspect charged in 4-year-old's murder speaks in jailhouse interview

Defense attorneys have not hinted at their plans, though they did not cross examine the mother nor the sister who testified.

The trial resumes Thursday morning.

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