Trial underway for man who drowned two sons - Dallas News | myFOXdfw.com

Trial underway for man who drowned two sons

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The murder trial started Monday for a man accused of drowning his own two sons.

Naim Muhammad showed no emotion during opening statements at his capital murder trial that began Monday in Dallas County.

Muhammad faces a possible death sentence for kidnapping the two children in 2011 as they walked to a local elementary school with their mother.

It was hard to hear how 3-year-old Elijah and 5-year-old Naim Jr. died. The prosecutor even started crying describing how their father was judge, jury and executioner for his sons. Surprisingly, the defense agreed.

The mom was able to escape and alert authorities, but hours later the boys were drowned in a creek and their bodies found in the trunk of a car.

Dallas County Assistant District Attorney Tammy Kemp said Muhammad gave them orders. "Turn around, play like you're swimming, play like you're swimming," she described of Muhammad's orders to the boys. "Then he grabbed each of them and held their heads down six to eight inches of filthy, smelly water until they stopped kicking," she said.

The alleged motive is that the boys' mother had left Muhammad for another man.

In his opening statement, Muhammad's attorney didn't argue the facts of the case. "Even in light of the fact that we told you at the beginning that the fact that the defendant was in fact guilty of this offense, that each of you keep an open mind," said Paul Johnson.

The trial is expected to last one week. Witnesses to the kidnapping, the mother and one grandmother of the boys are all set to take the witness stand on Tuesday.

They haven't been in the courtroom because they are all testifying and have been sequestered.

Muhammad has another son with the woman. He tried to kidnap him too but was unsuccessful.

This story struck a nerve with many people because when Muhammad allegedly kidnapped the boys and their mother, she jumped out of the car and flagged down a Dallas County constable at a nearby McDonald's.

Instead of pursuing the car, the constable radioed Dallas police. The Dallas Police Department didn't find the car until after the boys were dead.

FOX4 learned the deputy was restricted from chasing because her car had no lights or sirens. Her boss at the time, Precinct 1 Constable Derick Evans Requested an outside investigation.    

The deputy was later cleared of any wrongdoing in her decision and all constable cars were stripped of lights and sirens.

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