CHARLOTTE, NC (WBTV) - The man accused of opening fire in uptown Charlotte and killing another man during the 2016 riots was in court Tuesday.
Rayquan Borum, 24, is now on trial, accused of killing Justin Carr in the midst of a tense week of protests in Charlotte. The protests started after a Charlotte police officer shot Keith Lamonte Scott in the University City area.
On September 21, 2016, Borum is accused of shooting and killing Carr outside of the Omni Hotel in Uptown Charlotte during a riot.
The pre-trial motions were addressed today before jury selection begins, and two significant pieces to the trial were addressed.
The first is one specific piece of video evidence.
The video is of Borum being interrogated by detectives after the shooting happened, in which Borum admits to firing into the crowd.
After interviewing people and hearing arguments from both the defense and prosecution, the Judge Gregory Hayes ruled that the video will be used in the trial as evidence.
Judge Hayes also noted that Borum’s attorneys did not file their motion on time, nor was their affidavit signed, notarized and sworn to which is mandatory, though he said this was not what led to his decision to allow the video to be used.
Another item that came up in pre-trial motions was related to evidence about how Justin Carr actually died.
The state said the medical examiner’s autopsy showed a bullet to the head killed Carr.
However, Borum’s defense attorneys, Darlene Harris and Mark Simmons, argued that because the autopsy only found a piece of metal in Carr’s head and never recovered a bullet, it is possible something else could have killed Carr.
The state said they anticipate Borum’s defense team pointing the finger at CMPD.
The defense said that CMPD was firing projectiles like pepper bullets and exploding canisters during the riots.
The state said they believe the medical examiner’s report is conclusive and have not seen any credible evidence presented to back up the idea that police were involved, but said “If the police did it, let’s see it.”
Jury selection is expected to start tomorrow morning.
A pool of about 240 possible jurors have been narrowed down to a list of about 50 that will be interviewed for a possible seat on the 12-person jury who will decide on Borum’s fate in this case.