Acquitted of murder: Broadus still faces assault charges from 2018 wreck, shooting death

Published 8:46 pm Thursday, May 16, 2019

BEAUMONT — After about five-and-a-half hours of deliberation a jury found David Broadus not guilty in the 2018 shooting death of Jose Leal on Thursday.

Judge John Stevens’ courtroom was quiet — Leal’s family holding hands while seated on one side of the room and Broadus’ family together as one on the opposite side of the room. Gasps and tears from both sides broke the silence after Stevens read the jury’s verdict.

Closing arguments

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Defense attorney Marvin Lewis Jr. told the jury no one could say when Broadus came into contact with the t-shirt that was found to have his DNA on it and reminded them that an expert witness testified previously that it is possible for DNA to be transferred on clothing items from person to person. He asked the jury to consider why Broadus’ DNA didn’t show up on the gun if the shirt was used to wipe the gun down.

“Let’s take it a step further. The person whose DNA profile that could not be excluded, their DNA was not on the gun as well,” Lewis said, referring to James Levron who is also facing murder charges for the crime.

Lewis recounted how Levron told law enforcement three different versions of the shooting and car chase.

“This brings us, of course, to Mr. Levron. He is out for himself, self-preservation,” he said. “He said he was here for leniency.”

Levron testified for the prosecution on Wednesday saying Broadus was the one who shot and killed Leal during a car chase on Jan. 25, 2018. Lewis said Levron was there to minimize his own involvement in the crime.

“He told us basically, ‘Everybody is lying. I’m telling the truth,’ ” he said. “ ‘The officers are lying. Mr. Broadus is lying. I’m telling the truth.’ ”

Prosecutor Rachel Grove said some offenses are not linear in time. This case started with a car crash at a busy intersection. Police at first did not know if someone had been texting and driving or drinking and driving. A video shown to the jury showed a white car driven by Leal slam into several cars at the intersection of Memorial Boulevard and 39th Street as he succumbed to the gunshot wound.

Police at the scene learned Leal had been shot, then a person collecting trash told police the car had been involved in a chase. Then someone calls police saying they saw the chase at Lowe’s, she said.

The investigation continues with police viewing the surveillance video, a person recognizing Levron and upon speaking with Levron was told a different version of the chase. Broadus, she said, had left town.

Grove recounted the search for the weapon and how it was taken apart and buried in separate spots behind a car repair shop.

She wasn’t surprised there was no DNA on the gun — it was covered in mud.

 

The families speak

While the jury deliberated, both families, including the family of Levron, waited in separate areas — each family carrying grief and fear for their loved one.

Michelle Gloston is the oldest sister to Leal. She said the two were close.

“He was a good guy, not perfect. He was a guy with a heart and a soul,” Gloston said. “He was our son, brother, uncle, father and my best friend.”

Gloston was at work, scrolled through Facebook and saw the crash. She had a sister call a hospital to ask for Jose Leal. Soon she was on the phone with a detective who told her to go to the hospital.

Leal, she said, had five children, three boys and two girls, one of whom he never met because the child’s mother was pregnant at the time.

When asked how they keep his memory alive for the children, she said “by including them in our lives.”

The family was in agreement in their belief that Broadus was the shooter.

Kathy Levron, James Levron’s mother, and his uncle James Donehoo were a few of Levron’s family waiting on the verdict.

“He was there at the time it happened,” Kathy Levron said while outside the courtroom as they waited. “I hope they give him a lesser charge. He didn’t do anything, he was just driving.”

Donehoo said the Levrons and Broadus were like family.

Levron still faces a murder charge and Broadus is still facing an aggravated assault charge in connection with the crash that severely injured a woman.

Broadus’ family was not prepared to make a statement while waiting for the verdict and left the courthouse immediately after the verdict was read.

Related story: All in broad daylight: Details told in fatal ’18 shooting on Memorial