CHARLOTTE, N.C. - Rayquan Borum appeared Thursday in court after spending months in jail.
Borum is awaiting trial for the murder of Justin Carr during last fall's riots in uptown.
Borum is accused of fatally shooting Carr outside of the Omni Hotel during protests against police violence.
Terry Sherrill, Borum’s defense attorney, admitted that his client fired the gun, but argued that it wasn’t intentional or with any malice, and that Borum was surprised after he pulled the trigger.
“He regrets it, we regret it and the gun went off while he was there," Sherrill said
Borum's defense attorney argument saying Borum fired gun but it wasn't intentional or with malice. @wsoctv— Blake Hanson (@BlakeWSOC9) March 23, 2017
Assistant District Attorney Clayton Jones said traffic cameras were used at College and Trade Street, and that Borum told police that he disassembled the gun and got rid of it on Independence Boulevard while fleeing the scene.
Prosecutors described the video evidence as images of Borum showing and raising the gun, the flash of the muzzle and him leaving the scene.
“He shot willfully and killed somebody,” said Jones. “The state is going to be able to prove he intended to kill somebody.”
Judge Robert Bell refused to set a bond.
Before court was adjourned. Bell asked deputies to handcuff one of Borum's supporters. saying that he “acted up in court and glared at the judge.”
“It was a look that can only be described as looking in an intimidating manner,” said Bell.
The shooting was in the heart of uptown during September's protests that followed the shooting death of Keith Lamont Scott by a CMPD officer.
Police say Scott was armed. Protesters say he was not. The officer was cleared of charges.
Borum's attorney said he hasn't been offered a plea deal yet, but that could come sometime soon. His next court date is set for May 18.
Watch reporter Paul Boyd's account of being near the shooting during the protests in uptown Charlotte
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