Testimony: Everrick Houston rushed drug deal just before shooting Bradenton pregnant woman to be allowed
BRADENTON -- A witness who says Everrick "Jermain" Houston rushed a drug deal in DeSoto Square Apartments within an hour of an armed robbery that left a 19-year-old pregnant woman dead will be allowed to testify during Houston's murder trial next week.
Crystal Johnson was shot July 12, 2009, when at least two men burst into the apartment she shared with her mother, sister and boyfriend in DeSoto Square. Lawrence Funsch, Johnson's boyfriend and the father of her unborn baby, exchanged gunfire with the intruders.
Johnson was taken to Manatee Memorial Hospital where she died. Her baby, Lariah Faith Funsch, was delivered via emergency C-section but died eight hours later at All Children's Hospital in St. Petersburg.
Houston, 34, is charged with two counts of first-degree murder and one count armed burglary. If convicted, Houston faces life in prison.
Houston's case was first tried in November 2014, but a judge declared a mistrial after the jury was unable to deliver a unanimous verdict.
Houston is set to stand trial again next week, with jury selection scheduled to begin Monday.
In court Friday morning, Assistant State Attorney Art Brown argued that the prosecution be allowed to present a specific past criminal act.
"Mr. (Donald) Zes says that on the night in question ... he has the money to purchase drugs so he calls Mr. Houston who he's dealt with in the past," Brown said. "Mr. Houston tells him 'I'm over at the DeSoto Square Apartments,' which is where the homicide occurred."
Brown said he will present evidence of the cocaine transaction through the testimony
of Zes and former Bradenton police detective Robert Cubas, who later arrested Zes.
"He also says to Mr. Zes, 'Hurry up I have a 'lick to do,'" Brown said. "So Mr. Zes meets him at the crime scene within an hour of the time of the crime."
Lick is street slang for robbery or burglary.
Brown also argued he should be allowed to introduce testimony that, over the prior four years, Houston had sold Zes drugs many times. Brown said this would show why Houston would trust Zes enough to tell him about the robbery.
Court-appointed defense attorney Jenna Finkelstein argued the time frame was too broad.
Circuit Judge Deno Economou ruled he would allow testimony of the drug deal and related conversation and how long they'd known each other. He will not allow testimony of prior drug deals, Economou said, but may reconsider it at trial if the prosecution were to need to use that information as a rebuttal for the defense.
Houston remains in custody at Manatee County jail with no bond.
He was initially charged with the slaying in the days after the shooting, but the State Attorney's Office was forced to drop the charges when a judge ruled DNA evidence linking him to the crime was improperly obtained from his bloody clothes, while he was hospitalized.
Houston was rearrested and charged in June 2013 after investigators obtained his DNA while he was in federal prison on unrelated charges, which connected him to the crime scene.
Economou granted a motion prohibiting the defense to solicit any testimony why Cubas was terminated from the Bradenton Police Department, which is unrelated to the case.
Economou approved travel expenses for Finkelstein, whose office is in Clearwater, to stay in a local hotel during the duration of the trial.
Evidence of Houston's prior conviction will be allowed at trial, given both sides will be calling federal inmates as witnesses.
Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.
This story was originally published February 5, 2016 at 11:32 PM with the headline "Testimony: Everrick Houston rushed drug deal just before shooting Bradenton pregnant woman to be allowed ."