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Herald-Zeitung Online

Second accused teen testifies as punching death trial continues

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Posted: Wednesday, April 8, 2015 7:39 pm | Updated: 5:29 pm, Tue Apr 19, 2016.

Prosecutors granted testimonial immunity to a former Canyon High School teen charged in connection with the 2013 punching death of a classmate and then called him to the stand Wednesday in the juvenile court trial against the alleged assailant.

Enrique Gonzales, 18, took the stand with the promise that what he said would not be used against him in his case. A Comal County grand jury indicted Gonzales in December on one count of murder in connection with the Nov. 12, 2013, death of Logan Davidson.

Gonzales testified Wednesday that several students — including the respondent — were throwing things at each other in class before the accused juvenile got upset. Others stopped, but Davidson continued throwing items at the respondent with Gonzales’s encouragement, Gonzales said.

“We wanted to mess with (the respondent),” he said.

Murder and manslaughter are the charges in the trial against the juvenile detained the day he allegedly twice punched Davidson, who died days later. The juvenile initially was charged with aggravated assault, but those charges were upgraded. 

Because of juvenile confidentiality rules, the New Braunfels Herald-Zeitung is not publishing the juvenile suspect’s name.

Gonzales testified Wednesday that it was normal for students to horseplay in the first-period chemistry class. Throwing paper, pencils and erasers was an everyday activity, he said.

So when the respondent appeared to have gotten upset with Davidson, Gonzales said he wasn’t sure if the juvenile was really mad.

“I didn’t think so, not genuinely,” Gonzales testified. “We played on a daily basis.”

One major difference from their normal clowning around was that Davidson joined in the horseplay on that fateful day, Gonzales said. He said normally Davidson wasn’t among the rabble-rousers.

But the prior day, Davidson’s assigned seat was moved closer to Gonzales, and a throwing spree started. Davidson, Gonzales said, threw an eraser that hit the respondent in the groin, leading to the respondent shoving Davidson. The events continued the next morning until moments before the end of class, he testified.

Once chemistry teacher Wayne Migura ended instruction, the respondent headed to the door to wait for the bell to ring.

According to testimony, the respondent told some students to get out their cell phones to capture footage of what was about to happen. To that, Gonzales said he replied, “What are you going to do, just push him again? I’m not going to get my phone out for no reason.”

Moments later, the respondent caught Davidson holding the door for someone behind him as he left the classroom. The juvenile punched Davidson two times causing Davidson’s head to hit a wall after the second punch, according to cell phone videos played several times in court.

The students walked away toward their perspective classes and left Davidson unconscious and unresponsive on the floor, according to evidence presented at trial.

“We didn’t know how serious the situation was at all,” Gonzales testified. “We thought he was just laying down because he was hit.”

Tiffany N. Leal, chief civil prosecutor in the Comal County district attorney’s office, called other witnesses to demonstrate just how serious the situation was.

Dr. Anh Dinh, a pediatric critical care specialist, administered care to Davidson at University Hospital in San Antonio where he was flown after the alleged attack. Dinh said she was the doctor who pronounced Davidson brain dead at the hospital.

He came to the facility with fixed dilated pupils, a sign of no brain activity, Dinh said. She said Davidson had a fracture on either side of his jaw and extensive swelling of his brain.

“Logan had no response to all the normal functions a brain will do,” Dinh said. “So that means he was brain dead.”

But she found no outward signs of an attack, Dinh said.

“I did not see any physical signs of an assault,” she testified amid questioning by the respondent’s defense attorney Joseph E. Garcia III.

Dinh said she tried to treat Davidson’s swollen brain. It disturbed her most.

Focusing on external signs of trauma were less important, Dinh said. When she couldn’t reverse the swelling and Logan showed no signs of brain activity, she pronounced him brain dead.

“I did not go any further because he progressed to brain death,” Dinh said. “So we did not go any further.”

Testimony is scheduled to continue beginning 8:30 a.m. Thursday in his courtroom, ordered Judge Charles A. Stephens II.

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