Testimony started Tuesday morning in the trial of a Port Arthur Independent School District teacher charged with third degree felony "injury to a child."
The first witness who was called to the stand is the 12-year-old who has accused Teacher Ruby Gunner of attacking him, Deshawn Willis. He said there were two separate encounters on April 5.
He reenacted for the jury how he says Gunner tried to block him from leaving the classroom. He said Gunner pushed him back first with one hand, then with two. He said the third time, he tried shoving her out of the way and that's when she shoved him with her fist to the ground. He says at this point he kicked her in the leg.
The 12-year-old testified, "I kicked her while I was on the ground because she was over me about to punch me again. Then I ran around the classroom cursing at her."
Deshawn added a second fight started after a school counselor sent him to his next class and he said Gunner showed up in that room asking if he was bragging to other students about kicking her.
Deshawn says he told her, 'You better get your hands off me'
He said she was still squeezing his arms so he kicked her in the stomach and knocked her into the desk.
He said that's when Gunner started punching him in the chest and face and choking him while sitting on his legs.
The jury was shown pictures of his injuries.
Defense attorney Paul Darrow questioned Willis.
Darrow pointed out that Willis had been held back in Fourth Grade and suspended several times for fighting in the past.
Darrow also asked Deshawn if he remembered all of this from memory or did he just memorize his statement from a year ago. He said some of it was from memory and some of it he read in his testimony from a year ago.
Erica Alvarez took the stand Tuesday. She is the attendance clerk at Robert E. Lee Elementary in Port Arthur.
Alvarez testified that she received an alert from the emergency button in the classroom and when she got to the room Deshawn Willis was on the ground yelling, "She's going to kill me, she's choking me!"
This is a developing story, check back for updates.