NEWPORT NEWS, Va. (WAVY) — A former Warwick High School student accused of killing a 17-year-old Woodside High School student has been found not guilty of voluntary manslaughter.
The jury’s verdict came after about an hour of deliberation on Wednesday, Jan. 10, for Demari Batten’s trial. Batten was charged in connection to Justice Dunham’s death. Batten said he left the game early to get in his friend’s car to avoid trouble. Batten said one of the teens began approaching him in the parking lot, and another tried to get into the driver’s side. According to his attorney, Batten was being attacked from both the passenger and driver’s side — that’s when Batten shot Dunham.
Batten, now 20 years old, testified in court that he brought his gun to a basketball game on Dec. 14, 2021, and left it in his friend’s car.
“I didn’t know what would happen after … ,” said Batten. “I knew you couldn’t bring the gun into the school.”
During an interview with Batten at the police department, Batten told the Newport News lead homicide detective Thomas Allen he left early because “people who didn’t like him” were inside the game.
Mary Button with the Newport News Commonwealth’s Attorney’s office argued that Batten initially told police he didn’t know where the gun came from. However, he later admitted to Allen he brought the gun for protection.
Text messages obtained from Dunham’s phone the day before the game, included text conversations about Batten disrespecting the group known as the “playboy gang” on social media.
Batten said he left the game early to avoid issues, after he spotted Dunham and two others. Allen confirmed Batten was seen on video in the gym leaving around 8:30 p.m. The video appears to show the group with Dunham leave nearly 10 minutes later, just before 8:40 p.m.
Allen explained to the jury, Batten received a text message from a friend saying the group was “looking” at Batten as he left the gym. Batten responded saying he had his gun with him in the car. Batten said that he stepped outside of the car while waiting for his friend who drove him.
Batten said he saw one of the teens he was trying to avoid, and the teen began walking toward Batten. Batten said the teen punched him at least one time, causing his nose ring to bleed. Batten said he was afraid the teen would grab his gun, which was on the floor. Then someone wearing a ski mask opened the driver side door, that’s when Batten fired a single gunshot.
A Menchville parent testified to witnessing a group of about three teens “throwing fists” in the parking lot following the game, then hearing a “pop.”
The defense attorney Mario Lorello explained to the jury, during his closing argument, that Dunham was shot at an angle which indicated he was “crawling” into the car from the driver side. He added Batten was being “attacked” on both sides of the car and was “trapped.”
He also explained to the jury, Dunham’s friends that night did not appear to testify in court.
During The Commonwealth’s closing arguments, Button told the jury Batten “overreacted” when he shot and killed Dunham, and said Batten didn’t ask police for help or stay in the car with the doors locked.
“Demari went too far,” said Button. “He got scared and overreacted … which led to the death of Justice.”
Following the verdict, Lorello told 10 On Your Side, that the self-defense laws applied in this situation.
“Anytime you have a case like this it is a tragedy for someone to lose their life,” Lorello said. “However, the self-defense law in Virginia is very straight forward.”
Batten’s dad, Lemar, said he knew his son was innocent from the start, and that his son didn’t go looking for a fight — he just wanted to watch the game.
“Not guilty is the best thing you could hear when you’re a parent and your child is in trouble,” Lemar said. “He was really facing a serious charge and now he gets to come home really soon. I am so excited.”
