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Rayquan Borum protection lawyer tries to depart jury with doubt

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In his remaining phrases to the jury Wednesday, one in every of Rayquan Borum’s protection attorneys instructed that police rushed to cost Borum with a 2016 murder to keep away from additional controversy.

Justin Carr, 26, was killed throughout a tense second for town. A whole bunch of individuals had taken to the road for the second evening in a row on Sept. 21, 2016 to protest the deadly taking pictures of Keith Lamont Scott by Charlotte-Mecklenburg police.

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Lower than 36 hours later, Borum, now 24, was arrested. A 911 caller had seen somebody holding a gun and gave police a imprecise description — black male, common construct, dreadlocks. Borum was one in every of a number of males who match that description that evening in uptown, protection attorneys reminded the jury.

Whereas being questioned by police that day, Borum finally stated he had fired a gun. In telephone calls from the Mecklenburg County Jail hours later, he stated police had proven him movies, and he noticed himself on digital camera.

“Why the f— would you confess?” the individual on the opposite finish of the road requested.

Prosecutors don’t say Borum was aiming for Carr. As a substitute, prosecutor Desmond McCallum advised jurors throughout closing arguments Wednesday, they imagine he needed to kill a police officer and hit Carr as an alternative. McCallum argued if that was Borum’s intent, the jury ought to discover him responsible of first-degree homicide.

If jurors do imagine Borum fired the deadly shot, protection lawyer Mark Simmons urged them to think about convicting him of second-degree homicide. Choose Gregory Hayes instructed jurors on each choices.

In six days of witness testimony, jurors heard quite a lot of descriptions for a way and the place the gun was pointed. A number of witnesses agreed that the scene grew to become chaotic when police with shields and helmets marched into and out of the Omni Lodge, moments earlier than Carr was shot.

Simmons argued Wednesday {that a} concrete wall divided Borum from the primary line of police, blocking his view on the time of the taking pictures. He additionally questioned why Borum was arrested shortly and why police apparently didn’t contemplate different suspects, together with the opportunity of an officer taking pictures Carr.

Police have stated no officers fired their weapons that evening, however Borum’s protection attorneys have repeatedly questioned their resolution to not do a “spherical rely” to verify each officer nonetheless had all of the bullets they began out with.

“Possibly police don’t need you to know what was happening that evening,” Simmons stated.

In his police interview and jail calls, Simmons stated, Borum by no means talked about aiming at police. That a part of the state’s argument centered on a federal inmate, Kendell Bowden, who spoke to police 13 months after the Charlotte protests.

Bowden, who had simply been sentenced to 5 and a half years in jail on the time of his CMPD interview, stated that Borum particularly talked about killing a police officer the evening Carr was shot.

When he took the witness stand final week, Bowden was much less particular about Borum’s risk to police however insisted he noticed Borum hearth the deadly shot.

Prosecutor Glenn Cole advised the Observer he isn’t apprehensive in regards to the shift, given the remainder of the state’s proof.

Simmons urged jurors to not imagine Bowden, emphasizing that he’s at present imprisoned for fraud.

The jury deliberated for about 20 minutes Wednesday morning earlier than taking a 90-minute lunch break.

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