NORFOLK, Va. — Malik Kearney walked into Virginia Beach Circuit Court Tuesday morning in handcuffs. The 26-year-old sat quietly throughout the entire hearing.
Kearney is accused of hitting a Virginia Beach police officer with his car during the Virginia Beach Oceanfront shootings in March 2021.
Investigators said during that shooting, an officer shot and killed Donovon Lynch and a stray bullet hit and killed DeShayla Harris.
Kearney is facing several charges, including a DUI and hit-and-run. Court documents say Kearney also fired his gun when he heard people shooting during that chaotic night, but Tuesday, the prosecution claimed there is no evidence he shot anyone.
The prosecution, in this case, told the judge Kearney had a bullet casing and multiple gun holsters in his car the night of the incident. Those are just some of the things the prosecution listed during the April 5 court appearance.
However, Kearney's attorney, Curtis Rogers, asked the judge to exclude any physical evidence against Kearney from the case. He said that would help his client when the case goes to trial.
The judge denied this request for now; he said he wants to learn more about all the evidence before he can make any decisions.
According to court documents, Kearney told police he fired his gun the night of the shootings when he heard gunshots near him. He said he shot out a bullet in self-defense.
The prosecution said there is no evidence that indicates Kearney's stray bullet that night hit anyone or had any connection to the stray bullet that hit DeShayla Harris.
In a separate motion, the prosecution asked the judge to refrain from using the names of Donovon Lynch and DeShayla Harris during the trial, saying the use of the names could incite prejudice among the jury members.
The judge said he will review this motion the day before the trial.
As 13News Now has reported, court documents say Kearney expressed remorse in his past interviews with detectives, claiming he did not know the person he hit was a police officer that night.
The judge scheduled his trial to start on April 26.