Crime & Courts

2016 Charlotte protest videos scrutinized on first day of Rayquan Borum murder trial

There were likely dozens of cameras filming in uptown Charlotte the night Justin Carr, 26, was shot and killed, on the second night of major protests after a Charlotte-Mecklenburg Police shooting.

As the trial for the man accused of killing Carr – 24-year-old Rayquan Borum – started Monday, jurors spent more than an hour watching a few brief clips from the chaotic events of Sept. 21, 2016, over and over.

They watched the videos at normal speed and then slowed down to show one frame at a time. They watched witnesses circle key points on a screen and saw another edited version where a spotlight followed one man through the streets of Charlotte.

The screenings in the fifth-floor Mecklenburg County courtroom will continue. Protesters, local and national journalists, city traffic cameras and private security cameras all recorded video the night of the protests, which attracted national media attention.

Prosecutors called several witnesses Monday, including Carr’s mother, his “best friend” Jonathan Covington and journalist Ryan James, who was freelancing for the Daily Beast the night of the shooting.

James said he was standing near the Omni Hotel in uptown when he heard a loud noise that sounded like a pistol firing. He turned toward the noise and saw a black man with dreadlocks holding a gun, he said.

Beyond that basic physical description, James said he was focused on the gun and did not remember details about the man’s clothing. He later told police he would not be able to definitively identify the suspect if he saw him, according to video of his police interview shown in court.

Moments after the shooting, James looked in the other direction, saw someone who appeared to be injured and called 911, he testified.

Because of James’ 911 call, police searched for a black male suspect with dreadlocks, CMPD Det. Richard Jones testified.

The detective’s testimony, which will continue Tuesday morning, focused on some of the videos recorded around uptown the night Carr was killed.

Defense attorney Mark Simmons asked Jones how he picked out Borum from all the other black men uptown that night and how he spotted signs of a gunshot on the chaotic street.

The videos showed numerous lights on the street in an already well-lit section of uptown near the Epicentre, including lights from cell phones and news cameras, Simmons said.

Jones said despite all the lights, he saw only one muzzle flash. Muzzle flashes give off orange light, not white light like a cellphone, he testified, and as a homicide detective, he recognized the quick flash and the urgent way bystanders reacted.

Going through the videos frame by frame, Jones said he saw the muzzle flash near the raised arm of a man matching Borum’s description.

Testimony is expected to continue for days or weeks in the trial. Prosecutors will argue that Borum not only fired the fatal shot but aimed for police officers, prosecutor Glenn Cole told the jury during opening arguments.

“The bullet that he fired from his gun was meant for a police officer that night,” Cole told jurors, pointing at Borum. “Justin Carr, he had the misfortune of stepping into the path of that bullet.”

Even though Carr apparently was not targeted, Cole told jurors that “intent transfers,” arguing that if Borum meant to shoot a police officer, he should be found guilty of first-degree murder.

In her opening argument, defense attorney Darlene Harris urged jurors to look for gaps in the state’s case.

Both sides discussed the testimony of one upcoming witness, Kendell Bowden, during opening arguments.

Bowden, who is serving a federal prison sentence for identity fraud, is expected to testify for the state that Borum planned to aim at police.

Harris told jurors that Bowden is hoping for a deal – such as reduced prison time – in exchange for his testimony, but Cole said the state will present video evidence supporting Bowden’s story.

This story was originally published February 25, 2019 at 7:43 PM.

Jane Wester
The Charlotte Observer
Jane Wester is a Charlotte native and has been covering criminal justice and public safety for The Charlotte Observer since May 2017.
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