HOUSTON (AP) — The Texas Court of Criminal Appeals has refused an appeal from a gang member sent to death row for gunning down a 5-year-old girl and her grandmother five years ago in Fort Worth.

Attorneys for 26-year-old Erick Davila challenged the validity of his conviction and sentence. After a hearing on the appeal, his Tarrant County trial court refused the arguments and the state’s highest criminal court Wednesday agreed with the lower court’s decision.

Davila was condemned for fatally shooting 48-year-old Annette Stevenson at her home. Her granddaughter, Queshawn, also was killed and four others wounded at a birthday party for another of Stevenson’s grandchildren.

Davila also was charged with another slaying. Court records also show he attacked Tarrant County jailers and maintenance workers during an escape attempt while awaiting trial.

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