11-year-old takes stand in former Bastrop Co.deputy murder trial

An 11-year-old boy was among the witnesses called to testify Friday in the murder trial of a former Bastrop County deputy. He told jurors the victim in the case did not have a gun in her hands when she was shot.

Dash camera video shows former Bastrop County Sheriff's Office Deputy Daniel Willis arriving to the home of Willie Thomas after midnight on February 16, 2014. It was the second time within hours that he'd responded to the residence for a domestic violence incident.

Willis was informed by dispatchers that Thomas's son Chris and Yvette Smith were struggling over a gun and it was being loaded.

Jurors heard the 9-1-1 call Thursday.

     Caller Amy Vela: "He loaded the gun. He loaded the gun. He loaded the gun."
     Dispatcher:  "He loaded the gun. Okay."

An 11-year-old boy, who was inside the home at the time, testified in court Friday. He said he woke up to use the restroom and heard Chris say "Yvette, don't go outside."

The boy said Smith, with her hands empty and by her sides, opened the door. He says he heard a couple gun shots and saw Smith stumble two steps back and fall to the floor.

Willis' supervisor testified that when he questioned the deputy about what happened, Willis said he gave Smith commands to put her hands up then said "I saw two silver barrels and I put two in her."

In an audio recording of the shooting, Willis is heard yelling "police" and then firing shots. Jurors listened to that earlier this week.

A shotgun was on the table, another was found on the floor several feet away from Smith's body.

A deputy who was also on the scene took the stand. He says he asked Willis if he was okay and says Willis responded with "I didn't want to die."

The prosecution rested Friday.  The defense is expected to rest on Monday.  They will call a psychologist to testify, as well as the former Round Rock police chief Tim Ryle. If convicted, Willis faces up to 99 years in prison.

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