Daniel Willis on trial again for murder day 3

It's been a little more than two years since video of former Deputy Daniel Willis was recorded. The family of Yevett Smith who Willis shot and killed say they are still waiting for justice.

"You have to be accountable for your actions," said Yvonne Williams who is Smith's twin sister.

The family, according to Williams, also support the all or nothing murder charged pursued by prosecutors. Even if that strategy results in acquittal.

"I can deal with that... Because at least we can say we did try."

The night of Feb 16, 2014, Daniel Willis responded to a 911 call made from inside a house North of Bastrop.

Thursday Amy Vela, who made the call, returned to the witness stand to testify about her cry for help.  A copy was provided to FOX 7 after the first trial.

Amy Vela: "My boyfriend and his dad are drunk and they're fighting each other, and my boyfriend is going around breaking, hitting (expletive) with a hammer and everything, but they're outside fighting, can you guys please hurry."

Vela's boyfriend, Chris Thomas, was upset with his cousin Michael  who he had fought with earlier that day.

Thursday Vela backed tracked saying no one was extremely drunk that day . She also clarified that she'd only assumed a fight with sledgehammers was underway. That testimony contradicts what she said during the incident.

On the 911 call Chris Thomas is heard saying he wanted to take care of business but his father Willie and Yvette Smith were preventing him from leaving with a shotgun. Vela' s account of what happened for the retrial compare to what she said last year now seemed vague and sounded less chaotic.

Willis' defense attorney Robert McCabe said the Amy Vela on the stand Thursday is much different from the one on the phone with 911.

"She is calm, cool, collected, she has gotten her testimony straight. She has tried to straighten out the lies she told last year to the jury but the judge isn't going to buy it."

For Willis' defense team the case is only about what he knew two years ago. A few minutes after Willis arrived at the scene, Vela told the 911 operator that Smith and Thomas were struggling over the gun.

Amy Vela: "He loaded the gun, he loaded the gun, he loaded the gun."
Dispatcher: "He loaded the gun, ok."

But on the stand Thursday Vela testified she really didn't know if the gun was being loaded, she did remember telling the 911 operator that Smith was able to get the gun away from Thomas.

That information was never passed on to Willis, the last report he got was that a gunman was at the front door. Vela testified that Smith was warned to stay away from the front door but she went out and that's when Willis fired two shots. The 911 call captured what sounds like Smith shouting out in pain and Vela reacting to what happened.

Amy Vela: "They just shot the wrong person, they shot the wrong person."

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