MADISON COUNTY, Ala. - A grand jury will now decide whether to move Brittany Kingston's capital murder case forward, though she continues to deny any involvement in the March 7 drive-by shooting on Murray Road. Kingston, 27, is charged along with Martin Evenes and Dominique Russell, both charged with capital murder, in the crime that killed Livia Robinson.
Initial reports said Livia was sleeping on the couch, but investigators testified Wednesday Livia was standing in the doorway of the Murray Road house when a bullet came through the screen and hit her in the shoulder. They said her father told them she walked erratically toward the couch before collapsing. Then, they rushed her to the hospital.
Major Crimes Investigator Frank Rosler with the Huntsville Police Department testified during Kingston's preliminary hearing on Wednesday morning. He told attorneys several witnesses testified Kingston was in the car with Evenes and Russell at the time of the shooting, though she denied involvement during her interview.
The Social Media Post and the Crime
Investigators said the drive-by shooting happened as a result of an argument that started on Facebook. Rosler said the post involved Evenes, Kingston, and Ashley Brown, who has a baby with Evenes. He said the point of the post was to "conjure up" a fight between Kingston, who is Evenes' girlfriend, and Brown.
Rosler said Evenes told him Brown and Kingston planned to fight at his mother's house that day. Evenes said his mother told him Brown showed up with other men, according to Rosler's testimony. This angered Evenes which led to someone giving him, and reportedly Kingston, a ride from a Huntsville apartment to Murray Road where a drive-by shooting occurred.
Investigators find suspects
Investigators said they met family and friends of Livia, 3, at Huntsville Hospital, where she had already died, and interviewed them. Then, Rosler said he went back to the scene on Murray road where he interviewed Brown.
Investigators said she pointed them to an apartment on Mason Court where she believed Evenes and Kingston were spending time.
Investigators went to the apartment, which court documents list as Kingston's residence, and found Evenes, Kingston, and another woman. Police said they took all of them to the Criminal Investigations Department and interviewed them.
Kingston told investigators someone picked her and Evenes up at the Mason Court apartment. She never identified the driver. Kingston said they drove around for a while and went to a nearby convenience store looking for Brown. Rosler said they went to Evenes' mother's house to look for her, then she decided she wanted out of the car with Evenes and Russell.
Kingston said she walked into the woods, found someone smoking a cigarette and started smoking with them. She told investigators she got upset and started praying. Rosler said somehow she ended up at Mason Court apartment before Evenes returned. Kingston told investigators Evenes admitted to shooting at the house when he arrived back at the apartment.
Interviews with other witnesses
The woman also in the Mason Court apartment said Evenes and Kingston left for part of the day with someone she didn't know. The woman said once they returned, Evenes showed her a shell casing and said he just shot up a house where his "baby momma" was spending time. She said both Evenes and Kingston returned to the Mason Court apartment and appeared to be in good moods. The woman did not testify that Kingston said anything after she arrived.
During Russell's interview, the accused driver, he told police he picked Evenes and Kingston up from the Mason Court apartment on March 7. Russell testified that once he picked them up, they went to Evenes' mother's home then to the Murray Road house.
Russell told investigators that Evenes wanted to go to the Murray Road home to "pick up some clothes." Russell said he did not know Evenes planned to shoot at the house until the crime was happening. Police said Russell's gun, which was handed over for evidence, was in the glove box of his car before Evenes grabbed it.
He testified that he dropped Evenes and Kingston off again at the apartment on Mason Court and went home.
Grand jury decides whether to move forward
The capital murder cases of Kingston, Evenes, and Russell are all bound over to the grand jury. A judge set a $250,000 bond for Russell, though he still remains in the Madison County jail with Kingston and Evenes.