The murder trial of a man accused of accidentally firing a gun into an apartment in Dallas' Old East neighborhood, killing a 9-year-old girl, has ended without a verdict.
Lawyers involved in the Tyrese Simmons case did not say why District Judge Hector Garza granted the defense's request for a mistrial on Thursday. The judge could not be reached for comment.
Simmons, 24, is charged with murder in connection with the 2019 killing of Brandoniya Bennett. The elementary school student was about to leave the kitchen after getting a snack when he was shot. There were only a few days left until she entered fourth grade.
Simmons went on the run days before he was originally scheduled to go to trial on murder charges and has been jailed since August 2023.
An oral hearing in the case is scheduled for Monday morning, according to court records.
Defense attorney Josh Healy declined to comment ahead of the hearing. A spokesperson for the Dallas County District Attorney's Office also declined to comment.
Police said Simmons had a feud with another rapper on Aug. 14, 2019, when he opened fire on an apartment in the 3500 block of Munger Avenue, mistaking it for a rival's. Five bullets hit the house.
Simmons surrendered to police the day after the shooting and was released on bail in December 2019. He tampered with his electronic ankle monitor and left Texas before his June 2023 trial, according to court records.
A Facebook account believed to belong to Simmons posted about the time of his escape, saying, “The choices I made were not an expression of guilt.''
“I don't want them to continue assassinating my character by portraying me as a rapper who shot up the wrong house or that rap lyrics make me a shooter.” I am not willing to forgive…without a proper lawyer willing to fight my case,” the post read.
“I'm doing this to raise awareness of my case in hopes of drawing attention to the injustice and lack of investigation in the system.”
Simmons was eventually arrested in Tulsa, Oklahoma, after a standoff with police.
Prosecutor Kristin Harris said in pretrial filings that Simmons “identified” on social media as being part of a street gang and had socialized with gang members.
Dallas Police Chief Eddie Garcia criticized the use of ankle monitors for defendants accused of violent crimes.
A second person, Davonte Benton, was convicted of murder in 2022 and sentenced to 45 years in prison for his role in the shooting. Benton was seen on surveillance footage running around the apartment complex with Simmons.
Staff writer Maggie Prosser contributed to this report.
