Prosecutors: Willie Davis Guilty of Agreement

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It was a deadly plot orchestrated by one family that claimed the life of a local rap producer. That's what prosecutors said Tuesday in the capital murder trial of Willie Davis, the senior citizen accused of conspiring to take revenge on Tommy Andrade.

Davis, 66, is charged with capital murder even though he was not the one who fired the fatal shot.

During opening statements Tuesday morning, prosecutors said Davis is guilty of a family agreement that led to the death of rap producer Tommy Andrade.

According to the state, Andrade stole $100,000 from the Davis drug conspiracy months before the shooting, triggering retaliation.

Prosecutors say Davis plotted against Andrade with the help of his two sons, Trey and Chad, who are currently serving time for the crime.

The state says Davis provided guidance when it came to hiring three hitmen from Georgia to burglarize and kill Andrade. Davis is also accused of taking two of those hitmen, who were injured during the shooting, across state lines.

The defense did not make opening statements Tuesday.

The state called several witnesses, including Brazos County sheriff deputies who were at the crime scene.

According to witness testimony, the sheriff's office received the call around 12:50 a.m. on August 7, 2003. Upon arrival at the Oak Creek mobile home community, just outside College Station, one sheriff's deputy testified he discovered a man dead in the yard. The man was later identified as Jesse Mancuso, one of the hired hitmen.

When deputies entered the trailer, they testified blood was apparent. They found Tommy Andrade dead from a fatal gunshot wound to the heart, laying in his bedroom.

Also testifying Tuesday were two neighbors who heard the gunshots that August morning, along with Andrade's long-distance girlfriend, Tara Diamond from Canada.

According to Diamond's testimony, she and Andrade talked for four years over the Internet before he flew her from Canada to College Station. She arrived on August 7, 2003, the same day Andrade was killed.

According to Diamond's testimony, she had fallen asleep in Andrade's room when the three hitmen broke into the trailer and demanded money from Andrade.

"They said, 'Where's your money dog?,'" Diamond testified. "They asked for his necklace and told him to put on his shoes. They told him he was going for a ride."

Diamond testified Andrade was cooperative until the hitmen asked her to go with them. When Andrade said no, Diamond said the men became hostile and as she covered her eyes with a pillow, shots were fired.

Diamond testified she did not see the actual shooting. She said when she heard them leave, she found Andrade suffering from a gunshot wound. Diamond then ran to a neighboring trailer to call for help.

Diamond has a pending perjury charge regarding a Canadian murder trial, but she testified that it's not in connection with the Davis trial.

Investigator Fred Kindell with the Brazos County Sheriff's Office was also called as a state witness. He was the lead investigator in the case.

Kindell testified that a phone number found written on a sheet of paper in Mancuso's pocket was traced to Trey Davis. Kindell said that was the major break in the case, pointing investigators to the Davis family.

The trial will continue Wednesday morning at 9 a.m. in the 85th District courtroom. The state is expected to continue calling witnesses.