NORFOLK, Va. – Walking into the Norfolk courtroom in an orange jumpsuit and in shackles, Tyshawn Gray stood before a judge for about three hours as witnesses testified against him Thursday.
A body-worn camera video was played as evidence showing a Norfolk officer running toward the gunfire downtown after eight rounds were fired into a crowd of people outside Legacy nightclub on Aug. 5. Four men were hit and wounded including an on-duty sheriff’s deputy who was patrolling the street that night.
Gray is accused of pulling the trigger.
Norfolk Commonwealth’s Attorney Ramin Fatehi is prosecuting the case himself.
“In my heart, I’m a trial lawyer, and I will go to trial and try cases as Commonwealth’s Attorney,” Fatehi said. “This is one of the most serious cases that’s come out of our city in calendar year 2022. Four people shot. We’re lucky they all lived.”
A total of seven witnesses took the stand Thursday. They were all law enforcement officers, including the deputy who was shot in the leg. One of the officers who testified said right after the gunshots, he saw Gray down the street from the club with his arms up holding something.
None of the witnesses, however, said they actually saw Gray fire the shots.
Gray’s defense lawyer Andrew Sacks argued the evidence won’t stand in trial. He claims Gray is the victim.
“I think it’s a very different case than when we started,” Sacks said.
Police said a fight involving Gray started inside the club and ended with him getting kicked out. Surveillance video shows Gray then walking over to a truck and grabbing something out of it moments before the shooting.
Sacks argued it was a crime of passion with Gray carelessly firing his gun into the crowd after he says Gray was beaten up.
“The evidence is that Mr. Gray was the victim of a brutal assault that he didn’t invite; that he didn’t provoke; that he didn’t want to be a party to,” Sacks said. “He was stomped on, dragged out of the club, and within a very short time after that, had a reaction to that. I think that’s understandable, human nature being what it is. That’s not malicious wounding.”
Fatehi argued the shell casings from the semi-automatic gun used in the shooting match the ammunition found in that truck.
“The evidence in court speaks for itself and I have no concerns about proving who the shooter was,” said Fatehi.
The case is set to go to trial. No date has been set.
Two of the nine charges were dismissed – a malicious wounding and use of firearm charge. Fatehi said he plans on bringing those charges back.
Gray continues to be held without bail in the Chesapeake city jail.
Gray’s family was in the courtroom but did not want to do an interview. As Gray was being taken out of the courtroom, one family member shouted, “I love you. Hold your head up, man.”
