MADISON COUNTY, Ala. (WHNT) — The jury trial for one man charged in connection to the 2018 shooting death of a Huntsville toddler is set, according to online court documents.
30-year-old Martin Arrendondo Evenes was one of three charged with capital murder in the death of 3-year-old “Sweet Livia” Robinson. The toddler was killed when a bullet intended for a woman who was involved in a dispute with the suspects struck her in the head while she slept on the couch.
Police said the drive-by shooting happened at a home on 615 Murray Road.
Brittany Kingston, 31, and Dominique Russell, 30, are also charged in Livia’s death. Their trials are set to take place after Evenes’, according to recent court filings.
At Evenes’ preliminary hearing in April of 2018, Investigator Frank Rosler with the Huntsville Police Department said Evenes confessed to firing shots at the house. Rosler also said Evenes never confessed that he was aiming for a specific person.
On the night of the shooting, investigators worked to piece together details. Officers say witnesses told them the shooting stemmed from an ongoing argument. They say a confrontation on social media continued through the evening.
Timothy Douthit, who is the prosecutor for all three cases, said none of the three suspects will face the death penalty if they are convicted of capital murder. Douthit did say that they will automatically be sentenced to life in prison without the possibility of parole if convicted of capital murder.
Defense lawyers for Evenes, Larry Marsili and Chad Morgan, said they were pleased the death penalty is off the table.
According to Alabama law, the death penalty can be sought for the intentional killing of a child. AL.com reported Douthit said there is no evidence that any of the suspects intended to kill Livia.
The jury trial for Evenes is scheduled to begin on October 17 at the Madison County Courthouse. Trials for Kingston and Russell are set to follow once Evenes’ is finished.