NEWPORT NEWS, Va. — A re-trial began in Newport News on Tuesday for a man accused of killing a teenager in the Menchville High School parking lot.
More than two years ago, investigators said then-18-year-old Demari Batten shot and killed 17-year-old Justice Dunham after a basketball game.
In October 2022, a jury couldn’t agree on a second-degree murder charge. Now, the Newport News Commonwealth Attorney's Office wants jurors to convict Batten on a voluntary manslaughter charge. Batten pled not guilty in the courtroom Tuesday.
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During opening statements, prosecutors said Batten brought a gun to a fistfight.
The case goes back to the night of Dec. 14, 2021, when police say a fight outside Menchville High School after a basketball game led to gunfire. Dunham died.
Investigators said some of Dunahm’s friends had issues with Batten. Prosecutors said after the game, Dunham and his friends went over to Batten and one of the friends punched Batten. They said Batten fired his gun and the bullet hit Dunham.
Defense attorney Mario Lorello said the group of teens attacked Batten.
Lorello said Dunham and his friends texted before the basketball game about confronting Batten.
He said Dunham’s friend repeatedly punched Batten, who sat in the passenger seat of a car. Lorello said Dunham climbed into the driver's side door. He said Batten, getting attacked from both sides, pulled the trigger of his gun.
Lorello said Batten defended himself. When police officers arrived, he said his client repeatedly told them he got jumped.
Several Newport News police officers testified. One said she arrived at the scene to find Batten in handcuffs and Dunham facedown on the ground. She said she noticed blood and a gunshot wound on his stomach and started lifesaving measures.
Another officer said Batten repeatedly told him Dunham and his friends jumped him. Batten pled not guilty to voluntary manslaughter.
Batten initially faced a second-degree murder charge. But during his first trial in October 2022, a judge declared a mistrial for that charge when the jury couldn’t agree. The jury did find Batten guilty of discharging a gun on school property and having a gun with more than 20 rounds.