SAN ANTONIO - A volley of shots from an assault rifle ripped into a home on Harwood Drive on Thanksgiving Day morning in 2017, killing Delilah Hernandez, 10, as she watched TV in her bedroom.
On Tuesday, Cody Gann, 20, admitted firing the fatal shots in court.
During a sentencing hearing for Gann, his girlfriend, Jasmine Cary, 20, testified that the shooting was in retaliation for a drive-by that she said the victim’s brother Nathaniel Vega had done at Cary’s home in the past.
'I don't know anything about what they're talking about:' Suspect accused of killing 10-year-old girl in drive-by shooting claims innocence
She admitted that she was the driver during the Thanksgiving Day retaliation shooting.
“When we approached the house he told me to slow down and he rolled down his window, but I froze and I hit the brakes instead of slowing down. I came to a complete stop,” Cary testified. “And Cody let out a bunch of shots.”
Cary said she fell asleep afterwards.
“He was waking me up telling me to get up, get up we had to see the news”, she said Gann told her. “We got somebody.”
It wasn’t until later, she testified, that she learned the "somebody" they "got" was a 10-year-old girl.
During the hearing prosecutors introduced a series of videos they say Gann had recorded showing him firing weapons and using drugs.
They also introduced aggravated robbery cases that are part of Gann’s criminal history.
Cary, too, had a plea deal. She agreed to spending 25 years in prison and testifying against Gann in exchange for the dismissal of seven pending cases against her.
She and Gann are both scheduled to be sentenced by 144th District Court Judge Ray Olivarri on Friday, when the hearing continues.
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