DALLAS (CBS 11 NEWS) – Two active defensive players for the Dallas Cowboys were called to testify by the prosecution in the intoxication manslaughter trial of Josh Brent.
Danny McCray and Barry Church, who both play the safety position for the Cowboys, were with Brent the Friday before the fatal crash, and in the early morning hours of Saturday, December 8, 2012.
Prosecutor Heath Harris asked the players what they were doing during the day and night of the crash.
McCray testified, he, Church, Brent, Brown and McCray’s hometown friend got out of Cowboys football practice around noon on Friday December 7th. McCray says they went to his home, and played Playstation for several hours, with Josh Brent leaving around 6 p.m.
The friends agreed to meet up at Eddie V’s for dinner later that night.
Describing the atmosphere, McCray said it was relaxed. The Cowboys were winning, and getting ready for an upcoming game against Cincinnati.
At the restaurant, McCray says he ordered shots for the table, but that Brent did not have any.
That’s consistent with what an Eddie V’s waitress told the jury: that despite the hefty tab of $747 for food and drink, Brent only ordered two double pours of Cognac for himself.
Two waitresses from Club Privae also took the stand and told the jury that Brent did not appear intoxicated when he left the nightclub with Brown at 2:15 a.m.
Brent’s credit card was charged $675 at Privae, for three bottles of Moet champagne.
One waitress told the jury the champagne was poured among 25-30 flutes. She testified, several girls were with the group of football players at their table.
Neither McCray nor Church could testify to seeing Brent drink at Club Privae.
Prosecutors produced surveillance video from the nightclub. One of the waitresses testified, in the video, Brent was visibly drinking from a bottle, twenty minutes before he left the club with Jerry Brown.
When defense attorney George Milner grilled the waitresses, they said Brent did not appear intoxicated when he arrived and left the club. Per TABC, it is illegal in Texas for an employee to serve an intoxicated person alcohol.
On Wednesday, a toxicologist testified that Brent had 17 drinks in his system in order for his BAC level to be .189.
Prosecutors rested their case late Thursday afternoon.
The final witness on the stand, the medical examiner, who showed autopsy photos of Jerry Brown, and told the jury Brown likely died of neck and spine injuries.
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