The “ding-dong ditch” prank that ended in the death of an 11-year-old boy continues to play out in court, this time over a cellphone defense attorneys say prosecutors mishandled after the arrest.
Attorneys for 42-year-old Gonzalo Leon Jr. filed a motion asking that the cellphone either be returned or that prosecutors show a valid search warrant. According to the defense, investigators seized the phone without a warrant and did not obtain one until two weeks later.
The cellphone has been a recurring issue in court hearings tied to the Aug. 30 shooting death of 11-year-old Julian Guzman. Defense lawyers also argue that prosecutors have been slow to share other evidence in the case.
Leon was indicted by a Harris County grand jury on a first-degree murder charge last month. Prosecutors had initially sought a capital murder charge, but the grand jury returned a lesser indictment. Leon also faces charges of injury to a child and aggravated assault with a deadly weapon stemming from the same incident.
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Investigators say Guzman was playing a “ding-dong ditch” prank, ringing doorbells and running away with a cousin near the 9700 block of Mimbrough, when Leon allegedly came outside and opened fire. Guzman was shot in the back and later died at a hospital.
Police arrested Leon after a SWAT standoff and recovered multiple firearms from his home, including several rifles and pistols. He remains in the Harris County Jail on a $1 million bond.
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