NEWPORT NEWS, Va. (WAVY) — A former Warwick High School student is on trial following a deadly shooting outside of Menchville High School.
Demari Batten, 20, is accused of killing Woodside High School student-athlete Justice Dunham, 17, outside of a basketball game in December of 2021.
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In October of 2022, Batten’s case ended in a mistrial for the second-degree murder charge. He is now facing a felony voluntary manslaughter charge.
During opening statements Tuesday, Senior Assistant Commonwealth’s Attorney Jennifer Titter said Batten “brought a gun to a fistfight.” Titter said the Menchville basketball game in December of 2021 was “brought to deadly end” for Dunham just days after his birthday.
Batten’s defense attorney, Mario Lorello, argues he was “attacked” and acted in self defense. Lorello showed a jury several text messages allegedly sent two days prior to the game threatening Batten. Lorello adds, Batten left the game early to get in his friend’s car. Lorello said the teens tried to get in both the passenger and driver side of the car — that’s when Batten shot Dunham.
Seven witnesses including a parent, Newport News police officers, a homicide detective, a forensics technician and the teen that drove Batten to the game took the stand.
A Newport News parent testified, she was waiting in the Menchville High school parking lot when she saw a group of three or four teenagers leave the game. She said she “heard the gunshot” then “saw the victim drop to the ground.” The parent said she didn’t hear an argument or fight prior to the shooting.
Three responding officers testified, two performed life saving measures to Dunham until paramedics arrived and pronounced him dead at the scene. The other officer told the jury he detained Batten. The NNPD officer said several kids pointed to Batten as the suspect. He explained Batten gave him,”no issue at all… he put his hands behind his back.” While placing the handcuffs the officer said Batten insisted, “they were trying to jump me.” The officer also noticed Batten’s nose was bleeding a little.
A NNPD forensics technician testified the bullet “casing was in the drivers seat” and the gun was “under the front passenger seat.” She also documents several pieces of evidence including the gun, magazine, bullet fragment from the autopsy, and pictures she took at the crime scene.
Dunham’s family was emotional when pictures of his body were shown. His parents have been calling for justice since the shooting. Dunham’s family held a gun violence remembrance walk on New Year’s Eve.
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The homicide detective on scene testified, she reviewed video footage of the game and the parking lot.
The final testimony of the day was from an 18-year-old friend of Batten. The teen told the jury he went to the game with Batten, where a group of 10 or 11 people sat together. He explained Dunham was wearing a ski mask and he was aware of the issues between the two teens Batten and Dunham. He said he gave Batten his car keys with about one or two minutes left in the basketball game unaware of what happened until people started telling him about the incident.
The trial is expected to last three days.
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