VIRGINIA BEACH, Va. —
Day 6, May 3
Jurors found Malik Kearney not guilty on all charges he faced.
The charges he faced were:
- DUI
- DUI with Serious Injury
- Hit and Run
- Eluding Police
- Carrying of Handgun While Under the Influence
- Reckless Handling of a Firearm
- Discharging a Firearm in Public (10 counts)
Kearney smiled in relief as he heard the verdict after the 12 jurors spent a total of 12 hours deliberating. He hugged his attorney, Curtis Rogers, who also smiled in wake of the announcement.
Rogers said he is "elated" about the outcome of this trial, which he called one of the most complicated cases he's had to handle as an attorney.
"He was just caught up like everyone else that night in a very difficult, chaotic circumstance and he did what anybody else would do. He tried to first protect himself and get out of that area as soon as possible," Rogers said following the verdict.
While Rogers said Kearney was scheduled to be released from jail Tuesday night, the Virginia Beach Sheriff's Office said he will be in the Virginia Beach jail until a certified jail credit comes from Newport News.
According to documents from the Newport News General District Court, Kearney has a misdemeanor charge of carrying a concealed weapon and a traffic violation.
Representatives for the Commonwealth of Virginia released the following statement regarding the verdict:
“The jury found him not guilty. While we are disappointed with the jury’s verdict and disagree with it, we certainly respect it."
Day 5, May 2
Malik Kearney's fate now lies in the hands of 12 jurors, as they review the last five days of this trial and how they want to move forward.
After about an hour and a half of deliberations, the jurors told the judge they voted to wait another day to come to a decision.
The prosecution rested its case at the start of Monday's trial, meaning the attorneys presented any and all evidence they had, including testimonies, for the trial.
Kearney waived his right to testify Monday, instead of taking the stand in court. Instead, Kearney's attorney, Curtis Rogers, brought in his two last witnesses to testify.
One witness said she worked as a registered nurse with the Virginia Beach City Jail when police arrested Kearney in March 2021. The nurse said she evaluated Kearney a few hours after his arrest and didn't smell alcohol on him or see any signs of intoxication.
Virginia Beach police officers charged Kearney that same night for driving under the influence.
The nurse testified that Kearney appeared anxious and scared when going through the jail system that night.
The defense then rested his case following Monday's testimonies.
During closing arguments, the prosecution based many of their points on the video evidence. They said videos of Kearney driving and his video interviews with detectives prove Kearney acted recklessly the night he hit a police officer.
The prosecution then argued the officer Kearney hit now has to live with permanent injuries, because they say Kearney drove under the influence.
However, Rogers then came back in his closing argument, saying prosecutors didn't provide substantial proof that Kearney drove under the influence. He added there is no solid evidence proving the officer's long-term injuries are directly linked to that incident.
Prosecutors came back in a counter-argument, calling the defense's argument and Kearney's claims "desperate."
Depending on the verdict, Kearney could face a 20-year sentence and possibly an additional 13 years. That would be the maximum sentence if the jury convicts him on all charges.
The jury's deliberations will resume at 9 a.m. Tuesday in court.
13News Now has covered this case since the beginning. Our team will attend Tuesday's trial date, so stay with us on-air and online for the latest updates.
Day 4, April 29
A Virginia Beach police detective kicked off Friday's testimonies, saying he interviewed Malik Kearney in jail after police arrested him at the Oceanfront.
That detective told the jurors that Kearney admitted to firing his gun three to four times in the 19th North Street Parking lot near Pacific Avenue. In court, video of the interview showed Kearney telling detectives he reacted out of fear and shot toward a group of people he believed were shooting at him first.
Prosecutors said this is right before Kearney reportedly sped away in his car and hit a Virginia Beach police officer.
Investigators said they found a gun by a bush near the parking lot. Prosecutors said that the gun had the same serial number as the gun box in Kearney's car.
The video of Kearney's police interview also showed detectives repeatedly asking Kearney what he did with his gun as he drove away, trying to determine if Kearney threw it out of his car window.
Kearney kept saying he didn't know what happened because he panicked as he drove away from the scene.
Despite Kearney admitting to firing his gun in self-defense, his attorney, Curtis Rogers, still argued there is no video evidence proving Kearney fired his gun or threw it out the window.
Another Virginia Beach police detective who collected evidence the night of the shootings testified. He recalled surveying the scene that night, saying he "never saw so many bullet shell casings on the ground" in his 8-year career.
Another officer then took the stand, saying he helped arrest Kearney when other units called him to the scene.
When prosecutors asked the officer if he smelled alcohol on Kearney the night police arrested him and charged him with a DUI, the officer said he did not.
This contrasts a recent testimony when another police officer told the court she smelled alcohol on Kearney after his arrest. It also contrasts a testimony from Kearney's friend who said he and Kearney had a shot of alcohol at one of the bars earlier that evening.
Kearney is seen in a police body camera video on Thursday, denying he had a drink that night.
Two close friends of Kearney who did not wish to speak on his behalf attended today's trial. Kearney walked out of court smiling at his friends in the pews.
Day 3, April 28
In court Thursday, Prosecutors showed video after video of Virginia Beach police body and security cameras. Those videos showed what happened after police arrested Malik Kearney in March 2021.
Prosecutors presented one video from Virginia Beach Police Traffic Safety Officer C. Bertram who interviewed Kearney minutes after police arrested him.
In the video, Officer Bertram is seen asking Kearney if he knew he had hit anyone with his car. When he shakes his head no, she tells him he hit a police officer. That's when Kearney breaks down in tears with his hands over his face.
Officer Bertram testified in front of the jurors, saying she smelled alcohol on Kearney while questioning him.
However, according to her police body camera footage, Kearney told Bertram he "doesn't drink alcohol" and hadn't had a drink that night.
Later in the afternoon, another witness took the stand. This time, it was a friend of Kearney.
Darius Hale recalled the night he, Kearney, and another friend went out to the Virginia Beach Oceanfront for a friend's birthday. Hale said he and Kearney took a shot of alcohol at the "Chemistry Club," which is a bar along Atlantic Avenue.
Originally, Kearney told the police officer who arrested him that he did not drink alcohol that night.
Hale said they walked back to the 19th Street North Parking lot by Pacific Avenue late at night when they heard shots fired and jumped into Kearney's car.
He said Kearney tried getting out of the parking lot when he said they "hit a bump," to which Hale said he didn't realize they hit a police officer. Hale said when a police car started chasing them down the street, he told Kearney to pull over and that's when Kearney came to a stop.
Hale said he called Kearney after he got arrested and said Kearney didn't talk a lot about what happened. Hale explained further, saying he and Kearney are not very close friends in which they would talk in-depth about situations.
Prosecutors then showed video of Kearney's interview from jail with detectives.
The interview in the video showed Kearney admitting to shooting his gun within the 19th Street North Parking lot by Pacific Avenue, saying he feared for his life.
Prosecutors said Kearney told detectives he fired his gun three to four times before driving away, but they said there is no proof Kearney's bullets hit anyone that night.
The trial is expected to last until Tuesday, May 3.
Day 2, April 27
The beginning of witness testimony began on Wednesday during day two of the Malik Kearney trial.
Jurors watched the chaotic March night at the Virginia Beach Oceanfront in 2021 through several police body camera videos.
Investigators said that night, Kearney hit Virginia Beach Police Officer Phillip Armstead with his car.
On Wednesday, Armstead took the stand. He told jurors he responded to a parking lot off 19th Street and Pacific Avenue after hearing gunshots.
He said once he passed in front of the parking lot entrance, he saw a white car coming toward him and it hit his right side. Armstead said the impact lifted him into the air and he landed on his chest.
Another Virginia Beach police officer testified he saw Armstead get hit by the car. That officer called that night at the Oceanfront the "craziest night" he’s had as a police officer.
Kearney’s defense attorney cross-examined Armstead. He asked him about his quick movements and if it surprised him to see a car when he came around the corner. Armstead said yes. Armstead also told jurors he held up his left hand and told the driver to stop.
The defense questioned an officer who said he followed Kearney’s car after it left the parking lot.
That officer said Kearney drove a short distance away, before pulling over about 30 to 40 seconds later.
In the days following the incident, Armstead told jurors he had excruciating pain in his hip and could not do his job. He said he left the Virginia Beach Police Dept. in November of last year.
Day 1, April 26
Malik Kearney walked into Virginia Beach Circuit Court Tuesday morning for his trial, this time, wearing a suit and no handcuffs.
The 26-year-old is accused of hitting a Virginia Beach police officer with his car during the night of the Oceanfront shootings in March 2021. This is the same night another police officer shot and killed Donovon Lynch, and a stray bullet from a separate shooting killed DeShayla Harris.
During the beginning of the trial, 13News Now learned Kearney received additional charges recently through direct indictments. Kearney now faces the following charges:
- Eluding police
- Driving Under the Influence
- Possession of a handgun under the influence
- 10 counts of discharging a firearm in public
Kearney has pleaded not guilty to all of those charges.
RELATED: Attorneys discuss evidence against man accused of hitting Virginia Beach police officer with car
Attorneys for the Commonwealth of Virginia started the opening statements. Facing the 12 jurors and two alternate jurors, one of the prosecutors detailed the night of the Oceanfront shootings and how Kearney is accused of coming into play.
The prosecutor said Officer Philip Armstead responded to the sound of multiple gunshots in the 19th Street North Parking lot (near Pacific Avenue). He said officers witnessed a line of cars trying to leave the parking lot as people were running and gunfire was ringing out, late in the evening.
That's when the lawyer said Armstead came around a corner of the parking lot, and saw a white sedan coming toward him at a high speed. Prosecutors attest Armstead yelled at the driver to stop, but the driver kept going, hitting the officer.
Prosecutors said Armstead was struck by the front right side of the windshield, fell down, and then the car's side-view mirror hit Armstead in the head. They went on to say the driver escaped the parking lot, drove around some cars, and ran a red light, before another officer pulled the car over on 18th Street.
They also showed video from a surveillance camera off of 19th Street of a white sedan leaving a parking lot and then driving up on the curb to go around vehicles stuck in the intersection, with a police car chasing after it.
Prosecutors told jurors when officers pulled the car over, they found three people in the car, including Kearney, who was sitting in the driver's seat. Detectives at the scene that night claimed they smelled alcohol when they opened Kearney's car.
The prosecutors said Kearney fired three to four shots in the parking lot, and he had a bullet casing in the passenger seat of his car. They testified that detectives asked Kearney if he fired gunshots, and he claimed he didn't, until detectives came back with evidence of the bullet casing in his car that night.
That's when the prosecution said Kearney admitted to firing his gun, but claimed it was in self-defense.
Kearney's attorney, Curtis Rogers, took his opening argument in a different direction.
Rogers based his argument on his client's claim of self-defense, saying Kearney tried to escape a frightening situation and didn't realize he had hit a police officer.
The defense attorney argued against the prosecution's statement that a detective smelled alcohol from Kearney's car. He said according to police body camera footage, the detective went back to Kearney's car multiple times to "smell of any alcohol" and when she came back, that's when she said she smelled alcohol.
Rogers furthered his argument by showing police body camera footage, which recorded the responding officers saying, "let's make sure that's not a D-U-I" before checking Kearney's car.
The defense also argued that Kearney did not show obvious signs of intoxication and claims the officers at the scene did not properly conduct sobriety tests.
Arguing against the report of Kearney hitting the police officer, Rogers said Armstead appeared to have run in front of the car and hit only the side of the car, not the windshield. He called the move by the officer "unnecessary action."
Rogers focused on how his client reacted out of fear and self-defense, saying the man feared for his life and wanted to get out of the situation as quickly as possible.
The prosecution agreed with that part of the defense's argument, saying they didn't believe Kearney purposefully ran into Armstead.
Several police officers, four detectives, and a mixture of special agents and forensic unit specialists are scheduled to testify during the trial.
The trial is scheduled over a five-day period. Kearney is scheduled to be back in court Wednesday morning.