ORANGE, Texas — The family of a 5-year-old girl who was beaten to death in 2020 cried in relief and hugged each other upon learning the woman found guilty of killing her will spend the rest of her life in prison.
Brenika Lott was found guilty of capital murder of a child in connection with the 2020 death of Daviana Landry. Landry was found unresponsive in a home in the 700 block of 10th Street on June 26, 2020, according to a probable cause affidavit.
Landry had bruises on her arms, chest and face and her eyes were swollen shut. Investigators believe the 5-year-old girl had been "deceased for an amount of time."
"All I wanted was justice," Safiyya Landry, Daviana Landry’s mom said. "My baby did not deserve that, and that's just all I wanted was justice. We're going to keep her name alive, keep remembering her how she was and just keep enjoying life."
Lott was sentenced to life in prison without parole and was escorted out of the courtroom by police after sentencing.
The trial lasted five days. During the fifth and final day of the trial, Defense Attorney Ryan Gertz suggested that Lott’s son was Landry's actual killer.
"We been knew that she was guilty," Latasha Johnson, family friends of Landry said. "For her to put that on her child, and her family to go along with her knowing that that baby couldn't do that, they're just as sick as her."
Lott's son was 11 when Landry died. He is now 14 years old.
Gertz showed the jury video of Lott's son in a holding room punching a pillow and hitting himself repeatedly. The teenager is then seen putting his hands down his pants.
Gertz claimed the teenager was reenacting what he did to Landry, and that the video is what Gertz meant when he said evidence of the real killer would present itself.
Gertz claimed police gave him the video of Lott’s son but never watched it or considered it as evidence.
Gertz said he believes Lott’s son was jealous and would do anything he could to get Landry out, including getting her in trouble with his mom. Gertz stated, “maybe his rage takes over him, and he starts beating her.”
Gertz suggested that Lott’s son could have sexually assaulted Landry.
A bottle prescription of Lidocaine that Gertz said was found in Landry’s system was shown from evidence. Gertz suggested that maybe Lott’s son gave the bottle to Landry to keep her quiet.
Gertz said Lott’s son’s testimony and lack of emotion does not show a teenager that has been through any trauma.
Gertz told the jury Lott tried to protect her son, stating Lott’s claims of, “My son would never do that,” was enough to make police leave him alone. He asked the jury to find Lott not guilty.
Even after the guilty verdict, Gertz maintained his clients innocence.
"We believe our clients, and we're going to continue on in the process of appealing this case will follow an appeal by notice of appeal on Monday," Gertz said.
Prosecutor Krispen Walker said Lott’s son was not jealous, and Lott was not giving Landry more attention than him. Walker described the teenager as a good kid.
Walker told the jury Lott’s son could have been in the holding room trying to figure out how he was going to tell police what happened by going over what he saw. Walker acknowledge his hands were in his pants but said many people do that, and it does not mean they are “gratifying themselves.”
Video was shown from Lott’s outdoor video camera. It showed Landry walking by Lott with her head down and her hands clasped.
Walker pointed out how Landry was acting and said Lott looked like she was angry and yelling at her.
Walker showed a photo of Landry the day she was found. The young girl was naked with her legs were spread in a triangle. She had bruises from her head to her toes, and her face was completely swollen.
“Let’s do justice for Daviana Landry today," Walker said.
During day four of the trial, Lott's son took the stand. He was asked if he knew why he was at the courthouse. He responded that he was there, “to testify that my mom killed someone.”
The teenager testified that Lott picked up Landry from Louisiana to bring her to their house in Orange. The boy said at that time, Landry was excited and had no injuries.
The teenager said the day before Landry died, the 5-year-old girl was acting different. He said in part that, “she couldn’t talk or do anything."
Lott's son said one day his mother's perfume went missing, so he, Lott and Landry all searched for it. He said his mother was upset and blamed Landry.
The teenager said at some point, Lott began punching the 5-year-old girl with her first and hitting her with other objects.
When shown objects in court, the 14-year-old said, “My mom hit Daviana with the cord,” and, “My mom hit Daviana in the head with that.” Lott's son said he never hit Landry.
The teenager testified that Lott shot a gun at him because he was being bad. He said the bullet shattered glass from the door, and Lott hid the glass because she did not want police to see it.
Gertz questioned Lott’s son, asking if he lives with a different family now. He said yes.
The teenager said he did not tell the truth at the Garth House because his mom did not want him to tell the truth, and she did not want to go to jail
Jury saw footage of an officer speaking to Lott’s son on the day Landry died. Her son led the officer through the home, pointing at objects he said his mother used to abuse Landry.
Blood was found on several objects.
Another person who took the stand Thursday was the officer. Gertz asked the officer if he knew how problematic it was that Lott's son was not wearing gloves and touching everything at the scene.
The officer said he did know and that he tried to stop Lott's son, but stated her son was picking up things and moving too fast during the walk through.
The officer testified that when he asked Lott's son how his mom got the injuries on her hand and how Landry was injured, the boy made a fist motion and said Landry was injured from being punched.
Sergeant Amber Hicks with the Orange County Sheriff's Office also took the stand.
Related: Testimony continues in trial for Orange woman accused of beating 5-year-old girl to death in 2020
During the second day of a trial, Landry's family was forced to relive her final moments. The jury heard from a witness who took swabs of DNA from the crime scene and a detective who was at the scene and questioned Lott the day Landry was found.
Those in the courtroom Tuesday saw body camera footage with audio of Lott being questioned by detectives following Landry's death.
In the footage, Lott can be heard telling the detective "I can't believe this happened in my own house." Lott is also heard repeatedly telling the detective she did not kill Landry.
Lott claimed Landry hurt herself while playing saying in part, "That little knot on her head, I thought it was a dust mite."
Lott said she tried to treat Landry's wounds, A detective said Lott tried treating Landry with calamine lotion and children's Motrin.
Prosecutors were not convinced by Lott's explanation. They argued that Landry's injuries were a result of severe trauma.
During the first day of the trial, Walker said this all began with a call no first responder wants to get.
Walker told the jury that when the first responder got to the home, he found Landry's bruised body.
According to Walker, the detective who interviewed Lott noticed her hands were bruised. When asked why, Lott reportedly said it was due to dust mites.
Walker told the jury that a detective found text messages from Lott saying Landry was acting up and a photo of the injured girl.
Walker said Lott told the detective an autopsy would not reveal any signs of trauma. An autopsy revealed Landry died from blunt force trauma to the head.
The autopsy also revealed the 5-year-old girl had injuries from the top of her head to her feet. Walker warned the jury they will see graphic photos as evidence
“This may be stuff you just can't unsee,” Walker said.
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