Defense not allowed to pursue 'flash bang' theory in Borum trial

A judge said Tuesday the defense in the Rayquan Borum trial could not use a theory that Justin Carr may have been killed by a malfunctioning flash bang and not a bullet.       

The judge said the defense’s theory would confuse the jury. A CMPD officer testified about what happened right after Carr was shot.  

“I saw blood coming from his body, and I did what I could to help the firefighters who were bringing him through, they laid him on the ground and began giving him medical assistance,” said Luke Amos, a CMPD officer.

LINK: Mother of Justin Carr takes the stand in day 1 of murder trial

Justin Carr was shot and killed during the 2016 protests in uptown Charlotte. Carr was show while out protesting with hundreds of others following the police killing of Keith Lamont Scott.

Borum is now on trial for Carr’s murder.

“Yes, I believe he (Borum) was trying to shoot the police,” testified CMPD detective Richard Jones. He interrogated Borum after the shooting.

He says he watched video of the shooting and its aftermath before the interrogation and believed at the time that Borum intended to shoot police that night. But he testified Tuesday he never let Borum know he thought that when he was questioning him.

LINK: 911 Calls: Man shot and killed during Charlotte protests

The defense asked Detective Jones, “During the interrogation of Mr. Borum, did you not tell him multiple times, ‘I don’t think you shot at the police?” Detective Jones answered, “Yes.”

During cross examination, the defense tried to paint the picture that Detective Jones tried to coerce Borum into a confession.

The defense asked Jones, “You told Mr. Borum in his interview that he killed Justin Carr, is that correct?” Detective Jones answered, “Yes.”

A CMPD crime scene investigator showed a spent shell casing in court that he took photos of the night Carr was shot.

Tuesday afternoon, Rashid Ali, a man who said he was a news correspondent out recording video the night Carr was killed, said the crowd was throwing things at officers. Ali’s video was played in court where he testified that he captured the sound of pepper ball guns going off.

The jury also saw Ali’s video of a bloody Justin Carr on the ground with a crowd surrounding him right after he was shot.