VIRGINIA BEACH, Va. — Malik Kearney walked into Virginia Beach court Monday morning just one day before his case goes to trial.
Kearney is accused of driving under the influence and hitting a Virginia Beach police officer with a car in March 2021. It happened on the night of multiple shootings at the Oceanfront when an officer killed Donovon Lynch and a stray bullet in another shooting killed DeShayla Harris.
Court documents said Kearney also fired his gun when he heard people shooting on that chaotic night, but prosecutors said there is no evidence he shot anyone.
At the hearing, prosecutors asked the judge again to order the defense not to use Lynch’s and Harris' names in its opening statement. They said they felt the references could prejudice the jurors.
The judge agreed to this request but said anyone can mention their names later in the trial if necessary.
Prosecutors said they will present police body camera video from a handful of officers who responded to the Oceanfront shootings. They will also use surveillance footage from cameras along 19th Street as evidence in this case.
In a prior hearing, Kearney's attorney, Curtis Rogers, asked the judge to exclude physical evidence found in Kearney's car. Some of the evidence includes a bullet casing and multiple gun holsters in his car the night of the incident.
The judge said he will determine during the trial whether or not to use evidence from Kearney's car from the night of the shootings.
Prosecutors said this trial will run for five days. The prosecution and the defense will begin questioning potential jurors Tuesday to determine if they will be fair in their judgment.