Posted: Nov 27, 2012 7:04 PM by Mia Gordon - mgordon@kristv.com
Updated: Nov 27, 2012 11:19 PM
CORPUS CHRISTI - A man is on trial today for reportedly beating up his father so bad that he went into a com and died.
Joshua Atwood sat in court today listening to testimony from witnesses in his capital murder case.
The state is not asking for the death penalty, but if he is found guilty he could face life in prison.
It all happened on July 16 2011 when according to witnesses Joshua took his daughter and wife, Monica, over to his parents, Todd and Pamela Atwood's home at the Bucaneer Apartments, near Ray High School.
According to court documents Joshua had pushed Monica onto a couch and Todd told him he should not be doing that to her.
That's when a fight started between Joshua and his father.
According to the state, Pamela was able to get Joshua outside, but he then broke a window to get back inside and according to documents, he again began assaulting Todd and had him on the floor and was punching his face with his fists.
Luis Ruiz, a neighbor, was the first witness on the bench today. He said he was getting his mail when he heard Pamela frantically screaming for someone to call the police.
Ruiz says he heard a noise coming from the apartment like someone was being thrown against a wall and called 911 saying, "Please send cops someone is going to get hurt."
Ruiz said he went to check on Todd who was apparently bleeding from the head and told him, "You're going to make it, just hang in there."
According to police it was on the way to the hospital when Todd's condition took a turn for the worse. He became unconscious and was taken to the ICU. He ended up in a coma, but in April he died, and according to officials it was due to brain injuries he received during his fight with Joshua.
The defense is claiming self defense. They told jurors that Todd threw the first punch and at one point even grabbed a knife. Testimony continues tomorrow.
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