TEXARKANA, Texas -A Texas appellate court has affirmed the conviction and life sentence of a teen convicted of capital murder last year in the home invasion shooting death of a Texarkana father and husband.
Daveon "Shooter" Woods, 19, was 17 when he and two alleged co-defendants entered the Texarkana, Texas, apartment where Craig Garner, his pregnant wife and two young children were sleeping. When Garner, 31, got out of bed to investigate the sound of his front door being kicked in, Woods shot him in the doorway of his bedroom.
A jury convicted Woods of capital murder in August. Because of his age at the time of the killing, Woods was not eligible for the death penalty and will be eligible for parole after serving 40 years of his sentence. Adults convicted of capital murder face death or life without the possibility of parole.
Woods and two co-defendants were actually looking for the apartment of a man who had avoided being robbed by Woods earlier in the day but went to the wrong apartment, according to witness testimony. Witnesses identified Woods as the one who fired the fatal shot Nov. 9, 2019.
Among the issues raised on appeal by Woods is an outburst that occurred in the courtroom when graphic crime scene photos were displayed while the medical examiner testified. The audience member's sobbing and wailing began in front of the jury and could be heard as she was taken from the courtroom and the jury was placed in a short recess.
According to the opinion issued Wednesday by the Sixth Court of Appeals in Texarkana, the sound of the upset member of the audience could be heard for 99 seconds.
"For the first thirty-nine seconds, the screaming was loud, during which time the jury was removed, Woods objected, and it was determined that an audio recording was being made. After the initial thirty-nine seconds, while the screams continued for a time thereafter, the sound became muffled, indicating that the screamer had likely been removed from the courtroom," the opinion states.
Woods' defense attorney requested a mistrial, which was denied by 202nd District Judge John Tidwell. On appeal, Woods' appellate counsel argued that the outburst unfairly prejudiced the jury.
The higher court rejected the argument and noted that Tidwell instructed the jury to disregard the bystander's outburst entirely and told them they must decide the case based on the evidence presented in court.
Woods' appeal took issue as well with three photographs of Garner shown with his wife and children. The defense argued that the photos painted Garner as a devoted husband and father when his character was not in question. The higher court noted that at least one of the photos helped identify Garner as the victim in the case and that the other photos were unlikely to have swayed the jury to convict.
A snippet of video from a police officer's body camera was brought up in the appeal as well. Woods argued that the video, which showed Garner on the floor bleeding, was unfairly prejudicial. The higher court disagreed, noting that the footage showed Garner was shot in the apartment.
The Sixth also rejected an argument from Woods that the jury panel should have been shuffled before the final selection process began. The higher court found that the defense did not ask for a jury shuffle during jury selection and that the judge had no duty to shuffle the panel.
First Assistant District Attorney Kelley Crisp spoke of the senselessness of the crime.
"As demonstrated by overwhelming evidence, Davion Woods carried out a remorselessly brutal murder of a man in front of his wife and family. The result-his conviction for capital murder and maximum sentence punishment-was well-justified. The Bowie County District Attorney's Office appreciates the diligent work of the Texarkana, Texas Police Department in investigating the case and assisting in his prosecution and the work of the Court of Appeals in rightly affirming the jury's decisions," Crisp said.
Woods is currently being held at the Beto Unit of the Texas Department of Criminal Justice Institutional Division. His parole eligibility date is Nov. 14, 2059. Eligibility for parole is not a guarantee that parole will be granted.
Two other defendants in the case are being held in the Bowie County jail on capital murder charges. Cameron Ware testified against Woods at his trial. He is scheduled for a pretrial hearing before Tidwell next month. Like Woods, Ware was 17 at the time of the shooting and faces life with parole possible after 40 years if convicted of capital murder.
Kentraile Collins was arrested and charged with capital murder in the case just days before Woods' trial began. Collins was also 17 at the time of the shooting. Collins is scheduled to appear in April for a pretrial hearing before Tidwell as well.