Man convicted of second-degree murder in deadly shooting during uptown riots

Earlier Friday, jurors asked one question and that was to see several videos showing the moments before and after the shooting.

It appeared they were trying to determine whether Borum was participating in the riot. Prosecutors argued he was and for that reason, he should be convicted of first-degree murder, which would have meant a life sentence.

Borum's defense team said there is no evidence to suggest he participated in a riot.

On Thursday afternoon, the jury asked a key question that could show the dividing line between first and second-degree murder. Jurors asked whether there are legal criteria for engaging in a riot or whether a person is engaged just by being there.

The jury also came back twice Wednesday, once to request evidence, photos and statements and another time to request the definition of “possession” be explained.

One of the charges is possession of a firearm by a convicted felon.

We first notified WSOCTV news app users about the verdict just before 4:30 p.m. Friday. Download the WSOCTV news app to get updates on breaking stories. 

Prosecutors said Borum was never interested in protesting peacefully. They argued because he was rioting, he should be convicted of first-degree murder.

“It was to destroy, to break into places, to take property,” prosecutor Desmond McCallum said in closing arguments.

"Was Mr. Borum overrunning the police? Was Mr. Borum breaking the Omni glass? Was Mr. Borum throwing things at the police? No,” defense attorney Mark Simmons said.

Borum’s attorney argued there was no evidence that Borum was rioting. He also suggested that, perhaps, it was a police officer who fired the fatal shot and that the department didn't do an ammunition check to make sure one of their own wasn't involved.

"They don't want you to know what happened there, because that is not important to them. Because they had their guy over there. We’re going to put him away for life, because we can't have this come back on us,” Simmons said.

Prosecutors said there are real issues surrounding policing and racism, but that didn't have anything to do with Borum's actions.

"These are genuine issues and conversations that us as a society and city need to have, but they are not cover and excuses for that man to get away with murder,” McCallum said.

Borum was sentenced to 23 to 28 years in prison for second-degree murder. He was sentenced to 14 to 26 months on the charge of possession of a firearm by a felon.

Borum's defense team released the following statement after the verdict: 

“No community enjoys navigating expressions of rage or processing the aftermath of trauma following officer-involved shootings. When Keith Lamont Scott was killed in 2016, the Charlotte community wanted answers. Like many communities across the country, they grew tired of watching police play judge, jury and executioner where Black people generally, and Black men and boys particularly, were concerned. Sensing the outrage and unrest, the Mecklenburg Police Department wanted to provide answers even as they worked to invoke calm. 

“But the solution to bridging divides is not rushing to judgment or fast-tracking a criminal investigation in order to score a murder conviction. Further, all people are entitled to due process. There is no exception to that constitutional rule. From the time he was detained, up through his indictment and month-long trial, the legal system failed to provide the due process all people are entitled.

“Throughout the trial, the defense team argued that when it came to Mr. Borum, due process was a hollow phrase. In addition to violating his Miranda Rights by failing to cease questioning until my client’s request for an attorney was granted, local police may have induced unlawful statements. There have been a host of other inconsistencies (for instance, metal fragments in the victim were never tested) that raise a specter of doubt about my client’s culpability.

“Additionally, throughout the trial, the State and her witnesses, instead of proving their case beyond a reasonable doubt, attempted to paint my client in unfavorable terms.  However, a murder trial is not a congeniality contest. This was never about whether my client was likable; this case is about whether he should spend the rest of his life in jail.

“We are hopeful the courts see his humanity, acknowledge the State’s rush to judgment and the adverse impact that has had on my client as well as the Charlotte community.”

Closing arguments to begin in trial of man accused in deadly uptown shooting

On Tuesday, the defense rested without calling Borum, to the stand.

Jurors were not present as prosecutors argued in front of the judge that because Borum brought a gun to the demonstrations he should face a first-degree murder charge.

"This was an opportunity to loot, steal and engage in violence,” prosecutor Glenn Cole said.

The defense tried to get the judge to allow the jury to consider manslaughter.

They claimed that trying to use rioting as an argument for the felony murder rule, which would be necessary to get a first-degree conviction, was a stretch.

"Mr. Borum had no influence on what all the other people were doing,” defense attorney Mark Simmons said.

Prosecutors said Borum was initially trying to shoot at police. They said his gun malfunctioned, and when he tried again, he shot Carr.

They argued that when he brought a gun, he showed recklessness for everyone who came to protest.

"To meet violence with more violence, just leads to more violence," Cole said.

The judge ruled in favor of prosecutors, so jurors were only able to consider first- or second-degree murder.

Jurors hear taped confession from man accused in deadly shooting during uptown riots

Testimony resumed Monday in the murder trial for Borum.

Jurors heard a videotaped confession that was taken by the Charlotte-Mecklenburg Police Department.

Borum was arrested on Sept. 23, 2016 and brought to the law enforcement center early that morning.

The three-hour recording is mostly a back-and-forth between investigators and Borum discussing the details of the shooting.

Initially, he denied any involvement in the fatal shooting of Carr.

Eventually, officers seemed to wear Borum down, and he is heard owning up to being the man who fired the shot that killed Carr.

In the tape, he could be heard saying he fired blindly. He told investigators he took the gun to the protest for protection.

"Nobody was the target. I didn't know what was going on. I didn't want to be in the news like Keith Scott," Borum said.

Jurors also heard a recorded phone call from jail, where Borum reportedly told an unknown friend he confessed to the police because he was caught on camera pulling the trigger.

"I done already told them, that I got down and I did it," Borum said.

"Why did you do that," the friend said.

The unknown friend told him in one of the calls that he may have said too much, but Borum said he was optimistic.

"I'm going to get off, bro," Borum said.

"You ain't going to get off, bro. You should not have told them," the friend said.

On Tuesday, the jury is expected to get their chance to convince the jury that this is not a first-degree murder case.

Murder trial back on schedule after defendant put 'voodoo hex' on judge

Borum's trial resumed as scheduled on Friday, two days after his attorneys requested a mistrial following claims Borum made a threatening call to the judge presiding over his case.

That request was denied but there was still the possibility that the judge could recuse himself.

That possibility vanished Friday morning when the defense withdrew their motion for recusal.

Prosecutors initially said Borum, who is charged with a deadly shooting during the 2016 riots in uptown, placed the call from jail on Feb. 20 making a threat against Judge Gregory Hayes.

On Friday, Channel 9 was in the courtroom and learned the threat was actually a voodoo hex Borum allegedly put on the judge.

"I had not been prepped. I had no idea when they pushed that play button what I was getting ready to hear," judge Gregory Hayes said.

Prosecutors said after a CMPD investigation, they determined Borum called his mother and asked for some help with the judge. The help was in the form of a spiritualist who could target the judge and several other people on a list by placing a voodoo hex on them.

Officials said the goal was to change Borum's circumstances through supernatural means.

Prosecutors said Borum had his mother contact witch doctors in Florida, New York and Raleigh.

Katrina Fann, a former correctional officer and author who has written about voodoo and the criminal justice system, said it is quite common.

"It's not talked about because one of the things the inmate said was 'You're not supposed to let anybody know that you went to see ummm witchcraft or doctor or voodoo doctor,'" Fann said.

New video that prosecutors said shows Borum and Kendell Bowden confronting a police officer on the night of the shooting was also shown Wednesday.

Prosecutors are trying to prove that Borum wanted to shoot a police officer but killed Carr, a fellow protester by mistake.

Bowden was with Borum the night of the shooting and testified that Borum tried to shoot at police after a confrontation with an officer -- some of which was caught on cellphone video.

Bowden said Borum aimed at the officer but the gun didn't fire.

Borum eventually shot the gun but wasn't looking where he was shooting and hit Carr.

“Didn’t look,” Bowden said. “Didn’t aim. He was running one direction, swung his arm back and fired the gun.”

Bowden, who is behind bars in an unrelated federal case, said he wasn't offered any deals for his testimony.

"Because I'm human. I couldn't live with it, you know. Just hearing the things that was going on, being said. Conscience got the best of me," Bowden said in court.

The defense is arguing Borum didn't intend to hurt anyone.

The defense cross-examined Bowden, a key prosecution witness, and was able to get him to admit Borum fired blindly.

[READ MORE: Surveillance video of deadly protest shooting released]

Borum is charged with first-degree murder, so attorneys must prove the shooting was premeditated and intentional.

The defense was expected to use the video to cast doubt about Borum's intent. They've already worked to imply a number of things exploded during the riot that could have mistakenly killed Carr.

Video could implicate man on trial for deadly shooting during Charlotte riots

Jurors heard from police, journalists and protesters Tuesday.

Toward the end of a long day of testimony, Carr’s family had to watch disturbing video.

Some jurors, who have seen quite a bit of video up to this point, looked over at the family emphatically.

Witnesses in Borum's murder trial included CMPD officers and a protest documentary photographer.

Tuesday's video captured the sound of the gunshot and Carr on the ground bleeding.

[RELATED: Attorney: Man accused of murder during uptown protest had no intention to kill]

The state wrapped up by calling Bowden to the stand. He is in prison on unrelated federal charges.

Bowden said he was with Borum on Sept. 21, 2016, which was the night of the riots. Videos shown in court of them breaking into the Kandy Bar and standing outside the Omni seem to prove that.

"Were you talking to that officer?" a prosecutor asked Bowden.

"Yes, sir,” Bowden said. “I mean, you know, basically, asking him a few questions and things like that. Like I said, he was the only one that was (conversing) back."

Bowden said Borum talked about killing officers, but he didn't take him seriously.

That proof could coincide with the state's argument that Borum wanted to shoot a police officer but shot Carr by mistake.

Bowden will take the stand again Wednesday before prosecutors show the new video.

Opening statements underway in trial of man charged with deadly shooting during 2016 riots

Opening statements were underway last Monday in the trial of a man charged with a deadly shooting during the 2016 Charlotte riots.

(Rayquan Borum)

Rayquan Borum is charged with murder in the death of Justin Carr in September 2016.

[ [ALSO READ: Prosecutors claim suspect was targeting police before killing man during 2016 Charlotte riots] ]

Attorneys have agreed on 12 jurors and have found three alternates.

The panel is comprised of eight women and four men. Four are African American, one is Latina, one member is South Asian, and six are white.

In opening statements, prosecutors said they believe Borum was not trying to kill Carr, but instead aiming for police.

They described Borum as a murderer, who did not have the intent to peacefully protest, but to kill an officer.

In addition, prosecutors introduced video of the shooting and one of Carr's best friends described the chaos of the night and hearing a large bang.

Carr's mother Vivian Carr took the stand Monday as well. She testified she spoke to her son 20 minutes before he died.

[ [PAST COVERAGE: Man pleads not guilty to shooting, killing man during Charlotte protests] ]

"To let me know he was there and he was OK. It was a peaceful protest and he was walking back to his car at the Omni hotel. But unfortunately, he didn't make it," Vivian Carr said.

The assistant DA told jurors Borum came to the protests with the intent to kill, destroy and steal.

Borum's defense attorney told the jurors CMPD is seeking a conviction instead of the truth and to not rush to judgment if there is reasonable doubt.

Prosecutors said Borum was offered a 16-year prison sentence for a guilty plea.

Borum rejected the deal because he said he did not mean to hurt anyone.