PORT ARTHUR, Texas — A trial is underway in Jefferson County for the 2017 murder of Javonte Jack at Avery Trace Apartments in Port Arthur.
Diante Burrell is accused of killing Jack on November 7, 2017. Nine people testified Tuesday about what happened that night at the apartment complex, and the next day at Burrell's house.
Judge Raquel West and the jury heard from one of the first officers on scene and a crime scene investigator. Jack's nephews mother, along with her cousin also testified. Burrell's girlfriend at the time, one of her friends, Jack's mother and two other Port Arthur Police Officers also spoke.
RELATED: Suspect in fatal Tuesday night shooting at Port Arthur apartment complex claims self-defense
One key factor in this case is that Burrell's Attorney, Ryan Gertz, was granted a motion to suppress certain evidence from being used in the trial. Judge West agreed with the defense that the search of Burrell's home, and portions of his interrogation were not done correctly.
"I feel like we presented the case based on the evidence and the law but ultimately the judge is going to make the decision and the reason we come to judges is because I trust them to make the right decisions and whatever she decides, we will live with," Gertz told 12News at the time his motion was filed.
First to testify was one of the first Port Arthur police officers on scene. He relayed what he saw that day, what a witness told him, and what evidence he found.
Next was a crime scene investigator, who shared two key pieces of evidence; some kind of plastic bag, and a Nederland Dollar General receipt for a grey towel. She went by that location and got a still shot of a suspect she believes to be Burrell with the towel from surveillance video.
Next, Jacks nephew's mother testified about seeing him just before he was killed. He stopped by her apartment at Avery Trace to borrow a phone charger. She said he had a few hundred dollars on him and a backpack.
Just after she walked Jack out, she heard an argument followed by Jack saying "you ain't got to fire me up." She said she then heard multiple gun shots.
When she went outside she found Jack shot and in bad shape, unable to tell her what happened. She said his pants had been pulled down and his backpack was missing.
Next to testify was her cousin who also lives at Avery Trace. She said she saw two men and one woman drive up in a white Camaro that night. The two men got out and went toward the breezeway near her cousins apartment with guns, and the woman got into the back of the car. She said one was wearing a black hoodie, and one was wearing a camouflage hoodie, and had dread locks. Both of their faces were covered. Once they disappeared into the breezeway, she said she heard multiple shots, then saw the two men run back to the car and speed off.
Next, a friend of Burrell's girlfriend at the time testified. She was staying at Burrell's home on the couch the night the murder took place. She said she saw Burrell run out of his house with a gun the next morning when they cops came to his house.
Burrell's girlfriend at the time of the murder testified next. She said that night, she, Burrell and another friend went to pick up a fourth friend in her white Camaro at Avery Trace. When they got there, she said she got out of the car and talked to the friend, then she got into the back seat. She said she saw Burrell and the two friends jog toward the breezeway, then heard gun shots. She said she then saw Burrell and the friends running back.
The then girlfriend said when they got in, she saw that the friend in the back with her had a gun, but she couldn't see if Burrell or the other friend was carrying one. She also testified that she knew Burrell to carry a pistol. She said that the men wouldn't tell her what happened, but she could tell they were nervous. They sped back to Burrell's house.
When they got back, she testified that she started getting calls that her car was involved in a murder. She said she took it to her home in Groves, then went back to Burrell's and fell asleep. The next day they woke up to the police inside Burrells house, and later gave a statement at the police station.
Jacks mom testified after about dropping him off at his nephew's at Avery Trace that day. She said she had given him 100 dollars, and that he was saving up for a car. When she got the call that he'd been shot she rushed back. She road in the ambulance with him to the hospital, where he died.
After that a detective who assisted in the investigation testified, particularly about the next day. He said that morning, they got a tip on a person of interest involved, and another detective went to Burrell's house to check it out.
The detective said when she got there she found two men and a woman matching the description they were given. He and another officer went to help her. When they got there they saw a white car in the driveway, but he said it was not a Camaro. He stayed in the front, while the other two officers walked around the house.
He says Burrell ran through the front door with a gun. He followed Burrell down an alley to the seawall, where he said Burrell threw the gun into the ship channel. The fire departments dive team later recovered the gun.
Last to testify was the now sergeant, who escorted Burrell to the jail. They showed his body cam video, which showed the perp walk where a 12News reporter talked to Burrell. He told the reporter that it was self defense, that Jack shot first because they "hate on him" because he has stuff he doesn't. He also said to Jack's family that it shouldn't have gotten to that point, and that hes innocent.
Testimony starts back tomorrow at 9 am.