VIRGINIA BEACH, Va. — The man accused of hitting a Virginia Beach police officer with his car during the chaotic March Oceanfront shootings was denied bond on Tuesday.
25-year-old Malik Kearney faces multiple charges, including DUI and hit and run.
On Tuesday, Kearney and his attorney Curtis Rogers planned to move forward with a bench trial, but prosecutors asked the judge for a continuance. They said they don't have all the evidence back from the ATF and a witness who is a doctor couldn't make it to Tuesday’s hearing.
Rogers said even if Kearney is found guilty of the charges, he already served the maximum sentence because he’s been in jail since March 27.
A judge granted the continuance and a jury trial is scheduled for December 14.
After that motion, Kearney’s attorney asked for a bond hearing. Rogers said Kearney should be released because he's a caregiver to his mother and he has several medical conditions, including scoliosis and Hodgkin's lymphoma.
Virginia Beach Police Chief Paul Neudigate said the officer was hit roughly around the same time as three shootings at the Oceanfront on the night of March 26.
Prosecutors said the officer had major, permanent injuries.
Rogers said Kearney tried to leave the Oceanfront to get away from the chaos when the incident happened.
Court documents said Kearney admitted that he did not see the police officer he hit and feels sorry for him. The paperwork goes on to say he was scared and takes responsibility for what happened.
Prosecutors said Kearney admitted to firing a gun in the parking lot of 19th Street before hitting the police officer with his car, but the defense says there's no evidence Kearney was involved in a gun battle.
The prosecution says Kearney is a danger to the community, and the judge denied his bond.