VIRGINIA BEACH, Va. — The suspect arrested in the deadly shooting near Mount Trashmore last month has now been charged with second-degree murder, Virginia Beach Police Chief Paul Neudigate announced Thursday morning.
Markal Cook, now 19, also faces a new charge of the use of a firearm in the commission of a felony. He was arrested on May 29 on a felony unlawful carrying of a concealed weapon charge.
Neudigate made the announcement during a Thursday morning news conference, weeks after Cook and 15-year-old Jeyani Upshur were both shot near Mount Trashmore Park's Summer Carnival on May 25, Virginia Beach police said. The girl died from her injuries.
He said based on their investigation, they believe Cook was hurt in a separate shooting that same night, but they're still piecing the circumstances together.
"We believe he was shot in a second, separate incident that we wish we could provide you more information about, but we will say that Mr. Cook has not been exactly forthcoming about how he sustained his injuries," said Neudigate. "How he sustained his injuries is still open to a lot of speculation."
During the news conference, Neudigate outlined Cook's criminal history within the last year, including charges of obstructing and resisting arrest with force, trespassing, and having a concealed weapon, all in Norfolk. According to Neudigate, he was sentenced to a year in prison on each charge but nearly all of it was suspended.
"From experience, illegal weapon possession is the precursor to shooting violence," Neudigate said. "Had Mr. Cook been incarcerated on any of these previous charges, I think it is quite likely that we don't have a dead 15-year-old child. Until our nation, our society, our community [and] our region starts treating illegal weapon possession like the serious offense that it is, we are going to continue to be impacted with gun violence."
The news conference comes after Neudigate previously described the complications of the investigation during his remarks to the Virginia Beach City Council, saying the city's police department has "been provided with a ton of misinformation."
The police chief said it's an issue that continues weeks later.
"What we experienced is the investigators were met with a lack of cooperation, they were met with false information, which necessitated very complex investigation," Neudigate said. "And I will tell you that it persists today. The investigators relay that no one, as of right now, has truly stepped up to provide us an independent factual account of this incident."
Police said the shooting did not happen at the carnival itself, but was close enough that emergency and police units were able to arrive quickly and render aid.
Both Cook and 15-year-old Jeyani Upshur were taken to the hospital, where the girl was pronounced dead. She was a student within Virginia Beach City Public Schools (VBCPS), officials confirmed with 13News Now.
Police described the shooting as a "chaotic scene."
"Watching a 15-year-old child perish in front of you while you are unable to provide any measurable lifesaving means, that impacts us. That impacts our officers, it is traumatic for the community and it is traumatic for this department," Neudigate said.
In a previous jailhouse interview with 13News Now, Cook flatly denied any involvement in the shooting that Jeyani's life, saying he did not even bring a gun to the carnival. He said he went there to enjoy the night with his niece.
However, Virginia Beach police tell a different story. According to court documents, there is alleged video evidence showing Cook "taking a pistol from a concealed location and firing into a crowd."
Cook told 13News Now that detectives showed him the video, but he said it only shows the chaos of that night.
"The video that they showed me was a video off Instagram and it just shows shots being let off, and you don't see me or the little girl who got shot," he claimed.