Omaha, NE -- The first witness with the alleged killer is called Thursday in a 2012 south Omaha triple homicide. Anthony Davis is charged with all three murders and is on trial, while Timothy Britt waits for his day in court.
The witness testified that she was in the vehicle when the two suspects went up to the house, but had no idea what was going to happen.
Testimony started this week in Douglas County District Court Judge Kimberly Pankonin’s court for the murder trial against 35-year-old Anthony Davis. He's charged with the murders of Miguel Avalos Sr., and his two sons 18-year-old Miguel Jr. and 16-year-old Jose Avalos.
Prosecutors believe that Davis cased the Avalos home before committing the murders because he and Britt were after money and drugs. Police found the three shot at the home near 9th & Bancroft St. on July 9th, 2012.
The defense says Davis thought they were going to buy drugs from Miguel Avalos Sr., and not to murder him.
A witness testified she was with Davis, Britt, and another woman in a van parked down the street from the Avalos home. She said Britt was dressed in all black wearing gloves and a black handkerchief over his face, and Davis was in a t-shirt and jeans. The pair apparently then went up to the house. Davis hurried back first, Britt about 5 minutes later.
The witness testified that afterwards Davis told her, "that it wasn't ever supposed to go down like that and he was having to answer to someone else."
The defense said the woman was intoxicated and high on marijuana, and caught her changing her story about what happened in July 2012.
The prosecution said it was Davis who organized everyone together to go by the Avalos home.
The defense asked for a mistrial Thursday because jurors were given inadmissible evidence. The judge denied the motion.
Timothy Britt has a trial date in March. Prosecutors are seeking the death penalty against both.