WICHITA FALLS, TX (KAUZ) - The forensic pathologist who did the autopsy on Mark Austin Hawkins, for the Willie Maurice Hervey Jr. murder case, testified in the day three of the trial Thursday.
Hervey is accused of shooting Hawkins during a drug deal in April 2014.
Dr. Nizam Peerwani told the jury there was no soot or gunpowder on Hawkins clothing which means the gun was shot more than 30 inches away from Hawkins.
Dr. Peerwani also testified the gun trail showed Hawkins had his arm raised when the gun was fired. The bullet hit Hawkins on the left side of his upper body.
The bullet left lacerations to his lungs and damaged his abdominal aortic aneurysm. Dr. Peerwani found the bullet was the cause of death.
Wichita County Sheriff Sgt. Rob McGarry testified Hervey was interviewed three times by law enforcement. He denied any involvement in the killing of Hawkins during the first two interviews.
The third interview was shown to the jury were Hervey said, "he didn't commit capital murder" because he didn't rob Hawkins. He said if he was arrested for just "murder, it would be the truth."
Hervey told officers in the interview he pulled the gun on Hawkins to get Hawkins out of the Dodge Durango when the victim refused. The gun went off during a struggle between the two.
Earlier in the morning, a mutual friend of the victim and accused murderer took the stand.
This mutual friend, a woman, testified that she was supposed to purchase marijuana, not Hervey, on the day of the murder.
The witness set up the drug deal and intended to purchase one ounce of marijuana with Hervey's money.
But she said Hervey refused to give her the money. During testimony, she said Hawkins had a habit of "shorting" his customers during drug deals.
She went on to say that she heard but did not see, Hervey and Hawkins speaking on the phone prior to the shooting. The witness did state she saw Hervey with a gun that day while driving a white SUV and he normally carried a weapon for protection.
Another witness, a friend of Hawkins, also took the stand. She was in Hawkins' home at the time of the shooting.
She testified hearing a gunshot outside of the home 35 seconds to one minute into the drug deal.
She said she heard a scream after the gunshot but did not hear any arguing before the shot was fired.
She told the jurors she ran outside and saw a black man driving a white Dodge Durango with a license plant starting with the letters DBF.
She identified the Dodge Durango confiscated by the Wichita County Sherrif's deputies as the one she saw that day.
Hawkins is facing five to 99 years in prison if found guilty of capital murder.