April 25 (UPI) -- Texas carried out its fifth lethal injection of the year Wednesday, executing Erick Davila for the shooting death of a 5-year-old girl and her grandmother in 2008.
Davila, 31, was convicted in 2009 for killing Queshawn Stevenson, the 5-year-old daughter of a rival gang member, and the rival's mother, Annette Stevenson, 48. The two victims were at a Fort Worth house attending a child's birthday party when Davila opened fire.
The Supreme Court heard Davila's case last year based on new evidence of drug use during the murders and a conflict of interest with the district attorney's office.
He also argued he shouldn't be eligible for the death penalty because he didn't intend to kill multiple people, a requirement a capital murder charge. He said he only meant to kill his rival, Jerry Stevenson.
But prosecutors said his statement to police that he was trying to kill "the guys on the porch" and "the fat dude," indicated his intent to kill multiple people.