Prosecutor says evidence will show defendant shot partner; deputies, detectives describe scene and recordings

BEAUMONT, Texas — The State of Texas told jurors in the 252nd District Court on the first full day of testimony in State v. Tracy Marie Samuel that evidence will show the defendant intentionally shot Delbert Charles "Charlie" Lewis in the early morning hours of Sept. 27, 2023.

During opening statements, prosecutor Mr. Nichols told jurors they would hear that Samuel got up in the night, used crack cocaine and that officers and detectives would show the gun recovered from the home and evidence contradicting Samuel’s claim that the weapon simply “went off.” "Guns don't just go off," Nichols said.

Why it matters: The testimony and recordings admitted Tuesday are central to the state’s case that the shooting was not accidental. Jurors heard initial patrol responses, recovered evidence and follow-up investigative steps that prosecutors say link Samuel to the shooting; the victim later died of his wounds, and the investigation was upgraded from aggravated assault to homicide.

What patrol deputies said

Deputy Jordan Silva testified that he and Deputy Tim Norris were among the first officers to arrive at a raised, stilt-style house off Hillibrand Road around 4:20–4:30 a.m. Silva said he found a Black male, identified at the scene as Delbert Charles Lewis, lying on the bedroom floor with a gunshot wound to the abdomen. Silva said he recovered a black handgun from under a front bedpost and placed it in his patrol vehicle. "She told me she didn't know what happened," Silva testified about the woman later identified as Tracy Samuel.

Deputy Norris described Samuel's demeanor as "very nonchalant" when officers first spoke with her and said she twice pointed inside the residence to indicate where the victim lay. Both deputies testified they found no signs of forced entry at doors or windows and that nothing at the scene initially indicated a third person's presence.

Evidence collection and shell casing

Officers admitted body-camera video into evidence (marked in court as exhibits for several deputies). Silva testified he cleared the recovered handgun about 20 to 30 minutes after seizing it, found a round in the chamber, bagged the gun and turned it over to Captain Kelly. Investigators searched the bedroom and, later that morning, Captain Kelly located a shell casing inside a closet; deputies and the sergeant on scene photographed the room before evidence was moved.

Detective investigation and 911 recordings

Detective Mark Holmes, who led the follow-up inquiry, told jurors he reviewed all 911 recordings tied to the call. He said the call and the recorded transfers showed two distinct voices — a male identified as Charles Lewis and a female identified as Tracy Samuel — and that he found no audio evidence of a third voice. Holmes said he later interviewed and videotaped Samuel at the home; those recordings were admitted as evidence.

Holmes also described steps taken to check a possible third-party suspect, Pamela Holloway, and testified he ruled her out after locating and interviewing her. "I ruled her out completely," Holmes said.

Defense position

Defense attorney Mr. Vasquez told jurors the evidence would not show his client intentionally or knowingly murdered Lewis and urged the jury to view the shooting as a tragic accident without intent. Vasquez told the court they will argue there was no proof of intent or knowledge required for an intentional homicide conviction.

Defendant’s behavior and drug use

Multiple officers and a sergeant testified Samuel displayed erratic or inconsistent behavior consistent with drug influence. Sergeant Barry Lachey said he found a Brillo-type pad — which investigators described as commonly used with crack cocaine — and that Samuel told officers she had used crack earlier that night. Lachey said her mood shifted during interviews; on some occasions she told officers she had no memory of the moments surrounding the shooting.

Medical outcome and charge upgrade

Prosecutor Nichols told jurors that Lewis survived for a period after the shooting but ultimately died as a result of his wounds; the state subsequently upgraded the investigation to homicide. Court testimony established Lewis was taken by EMS to Christus St. Elizabeth Hospital and later died; the exact date of death and hospital records were discussed as part of the state’s investigation.

What the jury heard next

The state played multiple body-camera videos and 911 recordings for the jury over the course of the day; the court admitted those recordings into evidence. Prosecutors told the court additional recorded interviews would be presented during continued testimony in the case.

Proceedings

The judge called the case of the State of Texas v. Tracy Marie Samuel, cause number 23 DCCR 1793, swore the jury and accepted testimony from multiple patrol deputies, a sergeant, and Detective Holmes on the day's record. The trial was recessed to continue recorded-interview testimony and additional witness examination in subsequent sessions.

The trial will continue with further testimony and recorded interviews; detectives said more of the defendant's recorded statements will be played to jurors in follow-up sessions.