Day 3: Witness testifies against Rayquan Borum; prosecutors say he made threatening call

Day three of the trial for Raquan Borum continued on Wednesday, with testimony from a witness who says they saw the shooting, and shocking details about a phone call Borum allegedly made from jail threatening the judge presiding over his case. 

Borum is accused of shooting and killing man during the 2016 protests. 

The prosecutor brought up the phone call late in the day on Feb. 27, and played the call Borum allegedly placed using another inmate’s identification. The jury did not hear the call. The prosecution says Borum called his mother from jail and made a threat toward the judge. 

FOX 46’s Robin Kanady was in court when the call was played, saying the caller mentioned an upcoming trial, then spelled out Judge Gregory Hayes’ name.

Earlier in the day, testimony was given by Kendall Bowden, who says he was with Borum that night and saw him shoot Justin Carr. 

Bowden testified that a still image of Borum aiming the gun was accurate. He also said he saw Borum that night, and that Borum threatened him. 

“When I ran into him, he basically told me I better not tell anyone about it or he would kill me.” 

Bowden is serving a federal prison sentence for aggravated identity theft and bank fraud conspiracy. He said he has not received any deals from the government.

He didn’t start talking to police until more than a year after Carr was shot and killed. 

“Why did you finally come forward?” the prosecution asked Borum.

“Because I’m human. I couldn't live with it. Just hearing the things that were going on and being said, and you know, conscience got the best of me,” he said. 

At the end of the day, the defense made a motion for mistrial, which was denied by Judge Hayes. 

Borum’s defense team says the judge said the phone call made him “sick to his stomach” when he first heard it.

The defense made a motion for the judge to recuse himself. Judge Hayes is leaving that decision up to another judge. The hearing on that decision is set for Friday at 9:00 a.m. 

The judge has an unrelated family medical conflict on Thursday, so the trial will not be in session that day. Stay with FOX 46 for the latest details on what’s happening inside the courtroom. 

Below is some of the testimony Bowden provided on Wednesday:

Prosecution: Did you see Mr. Carr get shot?

Bowden: Yes sir.

Prosecution: Who shot him?

Bowden: The defendant.

Bowden: The first time it [the gun] didn't go off.

Prosecution: What do you mean?

Bowden: I mean it didn't go off, it didn't fire.

Prosecution: What did you see him do?

Bowden: See him draw his weapon aiming.

Prosecution: How did he aim? The first time, who did he aim it at?

Bowden: The police.

Prosecution: After the shot was fired did you stay with the defendant?

Bowden: No, he had just fired a gun, I’m in fear for my life. I was gone.