Eric Black, suspect in Jazmine Barnes shooting death, had rights violated, attorney says

HOUSTON – The attorney for one of the suspects in the shooting death of 7-year-old Jazmine Barnes said his client had his rights violated.

Eric Black Jr., who is facing a capital murder charge, appeared in court Monday morning.

His attorney asked the judge for an expedited hearing.

READ: Do Jazmine Barnes shooting suspects have gang ties?

The hearing was requested after the attorney claimed the gang task force interviewed Black, 20, on Jan. 10 without his lawyer's consent, which violates his constitutional rights.

Black's defense attorney, Alvin Nunnery, said he told the court he no longer wanted law enforcement questioning his client.

Nunnery said that interview came three days after he said the court granted his motion that Black no longer be questioned by investigators.

"Right now, what is critical is I'm trying to discover who those officers were who recorded the interview. I don't know any of that information as of now," Nunnery said. "Either way, something is wrong here and we need to get to the bottom of it."

VIDEO: Eric Black Jr. appears in court Monday

Black's attorney said he's now waiting on the prosecutor in the case to come forward and give input to make sure his client receives his constitutional rights.

Nunnery said he has asked the District Attorney's Office to provide the names of the officers involved, in that interview at the jail and what exactly was discussed.

"I want them to preserve their interview notes. I want to find out if they recorded the interview," he said.

Nunnery said as soon as he has the names of the officers involved he will subpoena them and call for a hearing.

He said he is also asking whether the District Attorney's Office properly notified law enforcement they were to no longer speak with Black.

"Every law enforcement officer knows, or should know," he said.

According to authorities, Black admitted to driving the car used in Barnes' Dec. 30 shooting after he was arrested during a traffic stop in a different vehicle.

Investigators also said they found a gun in Black’s home which is consistent with shell casings found at the scene. 

Black had no criminal record in Texas, but KPRC2 first reported that he was arrested in March 2017 after being pulled over during a traffic stop in Jennings, Louisiana, police department records show.

Larry Woodruffe, 24, is also charged with capital murder in connection with Barnes' death.

Woodruffe has an extensive criminal history.