A man accused of shooting into the wrong apartment and killing a 9-year-old girl in East Dallas is on trial Wednesday at the Dallas County criminal courthouse.
Tyrese Simmons, 24, is charged with murder in connection with the 2019 slaying.
The trial was originally supposed to start last summer but police said Simmons went on the run, just days before he was scheduled to stand before the judge. He was eventually caught in Oklahoma and put in jail last August.
On Wednesday, he pled not guilty before Judge Hector Garza in the 195th District Court.
Get DFW local news, weather forecasts and entertainment stories to your inbox. Sign up for NBC DFW newsletters.
Simmons is accused of firing five bullets into an apartment on Munger Avenue in August 2019 and killing 9-year-old Brandoniya Bennett, who was just days away from starting 4th grade.
Dallas police said Simmons was in a fight with another rapper and mistook the apartment for his rival's.
Simmons surrendered to police the day after the shooting but was released on bond months later. Then last summer, just ahead of his trial, police said he cut off his ankle monitor and fled.
Local
The latest news from around North Texas.
According to the Dallas Morning News, Simmons allegedly claimed his innocence on social media posts at the time. He was eventually arrested in a standoff with police at a hotel in Tulsa, Oklahoma.
In opening arguments Wednesday morning, defense attorneys told jurors the evidence was lacking.
“We know what the facts show in this case. The evidence will show there is not an eye witness in this shooting, no gun, no fingerprints, and no DNA,” said defense attorney Josh Healy.
His defense also claimed there was a lack of detective work in this case and that those detectives – who will be called to testify in this trial – didn't interview the two main culprits in the supposed fight.
According to court records, a second man – Davonte Benton -- was already convicted of murder and sentenced to 45 years in prison for his role in the shooting.
In the state’s opening arguments, the prosecutor said they would show jurors video surveillance, eye-witness testimony, and first responder testimony that prove Simmons was also just as responsible for Bennett’s death.
"This defendant’s evil and arrogance ended a little girl's life,” one of the prosecutors told the jurors.
The first witness called up by the state on Wednesday was Renee Cruz, the 911 operator who took the call for the shooting. They played distressing audio of that call for jurors and the moments when the girl's family realized she was hit.
Next, prosecutors called up Bennett’s aunt, Ashton Elder, who witnessed the preceding confrontation between Simmons and his rival.
“My baby’s last words to me were, ‘Aunty, can I get my snacks?’ She left her snacks in the kitchen,” she said through tears as the 911 was played again.
Simmons faces up to life in prison if convicted. His attorneys have declined to comment as the trial is underway.
