Testimony: Man admitted killing 3-year-old in drive-by shooting, says he never meant to hit the child

HUNTSVILLE, Ala. -  Capital Murder Suspect Martin Evenes admitted to firing the shots that killed 3-year-old Livia Robinson. Frank Rosler, a major crimes investigator with the Huntsville Police Department, testified Wednesday in court.

Martin Evenes

Rosler said Evenes confessed to the crime during a police interview. Rosler was the only witness to testify Wednesday at Evenes preliminary hearing on a capital murder charge.

The Crime

Rosler said police responded to a drive-by shooting outside a home on March 7 at 615 Murray Road. Officers said they found shell casings in the street. Rosler said a neighbor drove a 3-year-old girl, known as Sweet Livia, to the hospital with a gunshot wound to the head.  They said she was pulseless and breathless when they arrived, a victim of the drive-by shooting.

Officer said this all began with a social media argument between Evenes and Ashley Brown, a lady inside the Murray Road home during the shooting. Authorities said Brown and Evenes have a child together. Police said tensions escalated throughout out the day and led to the shooting.

Initial interviews

Police interviewed people at the hospital who were inside the house, and around the property, at the time of the shooting.

A couple of people inside the house at the time told police they saw Evenes fire shots at the house. Someone told investigators Evenes and another woman charged in this case, 26-year-old Brittany Kingston, were at an apartment on Mason Court.

Investigators found Evenes and Kingston at the apartment. They took the two of them and the person living in the apartment to the Huntsville Police Department's Criminal Investigations Division building to interview them.

'I didn't shoot the baby. I thought I shot Ashley:' Interviews at Huntsville Police Department's Criminal Investigations Department:

Rosler said he interviewed Evenes twice before Evenes admitted to shooting at the house on 615 Murray Road. Rosler said Evenes never confessed that he was aiming for a specific person.

Rosler said the woman who lived in the Mason Court apartment told police Kingston and Evenes were at the residence during the day of the shooting. She said someone called Evenes around 5 p.m. then picked Evenes and Kingston up then returned less than an hour later.

During her testimony, Rosler said the woman told him Evenes said, "They said that I shot a baby, but I didn't shoot a baby. I thought I shot Ashley." Ashley is referring to Ashley Brown. Police said Evenes made a social media post about her earlier in the day. Police said that post started an argument that led to the shooting.

Rosler testified that no one else but the woman renting the apartment said they heard Evenes make this statement. The woman living at the apartment said Evenes also showed her a shell casing he said was related to the Murray Road shooting.

Kingston also testified that someone picked them up from the apartment on Mason Court. Kingston said she did not know who the driver was. She told police she wanted to get out of the car and she ran away. Kingston said once she and Evenes met back up, he admitted to "shooting the place up." Kingston denies any involvement in the shooting.

Investigators interviewed Evenes again after talking to Kingston. Police told Evenes Kingston's side of the story and that she denied any involvement in the shooting. Rosler said Evenes responded, "How could I have told her I shot the place up if she was in the car?" Evenes did confirm they were in the apartment on Mason Court when he called Dominique Russell.

Evenes said he called Russell who came and picked up him and Kingston from Mason Court. Evenes testified Russell drove them to Murray Road, and that he owned the gun used in the shooting.

Police found Russell at a residence on 9th Avenue and questioned him about the shooting. Russell, 26, is the third person charged in this case.

When police interviewed Russell he initially denied he owned the gun, but admitted to driving Evenes and Kingston to Murray Road. Russell told police Evenes fired the shots. During the interview, police asked Russell if he knew the outcome of the shooting. Russell told them he did not know.

Investigators told Russell a three-year-old girl died in the shooting. That is when police said Russell actually went to find the gun in his residence on 9th Avenue and handed it over.

Rosler gave testimony for about an hour in Judge Patricia Demos' courtroom before Assistant District Attorney Tim Gann and court-appointed attorneys Larry Marsili and Chad Morgan.